Secret Payment to the North Convicted Illegal

At the final trial that was held on August 18 at Seoul District Court, on the case of the secret payment to North Korea, former Culture Minister Park Ji-won was sentenced with 5 years in prison and other related people to 1 to 5 years of imprisonment.

Song Doo-hwan, a special prosecutor, demanded punishment for the defendants arguing that, “even if it was an `acte de gouvernement,` violations cannot be justified.” On the other hand, while admitting former Minister Park and his party`s violating the positive law, Song argued that their deeds were an inevitable choice for the sake of peace between the two Koreas, and asked for such situations to be taken into consideration. The verdict will be announced on September 5, 10 am.

▽Special prosecutors` demand for penalty= Song demanded that former chief presidential economy advisor Lee Ki-ho, former Industrial Bank governor Lee Gun-young, former Industrial Bank vice-governor Park Sang-bae should each be sentenced with 3 years in prison. He also requested that former National Intelligence Service (NIS) director Lim Dong-won, Hyundai Asan president Kim Woon-gyu and former NIS chief Choi Kyu-baek to be sentenced with 2 years, 18 months and 1 year in prison, respectively.

In his argument, Song sated that, “the Inter-Korea Summit Talks itself was not the target of the special prosecutors` investigation, but we were investigating whether there were any illegal acts in planning for the Talks,” and said that, “even if we regard North Korea Policies as political questions, illegal loans and illegal payments cannot be regarded as political questions, and violations cannot be justified.”

He continued that, “if we had asked for the public opinion and held discussions, the current unfortunate situation- where the public are divided into two groups, antagonizing and slandering each other and where people are subjected to the special prosecution- would never have occurred.”

Song also emphasized that, “the defendants cannot quote the `acte de gouvernement` and the historical significance of the summit meeting to their own interests, and ask for exoneration.”

▽ The final testimonies of the defendants= The defendants, including the Former Minister Park, admitted to have violated the positive law, but emphasized that it was a policy decision which was made for the sake of peace between the two Koreas, the rightfulness of the unification and the national economy.

In a slightly excited tone, Park stated in his final testimony that, “although North Korea is legally a heterogeneous nation, we are from the same ancestors, therefore cannot remain hostile to each other,” and that “the North-South issue should be seen from one nation`s point of view, rather than from individual countries` point of view.” Park prepared a 3-page statement for the final argument, which drew much attention.

Lim stated that, “thanks to the Sunshine Policy, we were able to eliminate the remnants of the cold war and create an economically cooperating relationship with the North,” and that “well begun is half done, so if we could settle the North Korea nuclear issue peacefully, unification could be accomplished in the near future.”

▽ Attempts to hide 100 million won- government assistance= During the trial, special prosecutors` investigation records revealed that the 4 leading figures of the “secret payment scandal,” including Park and Lim, attempted to conceal the fact that the government had provided 100 million won, the money promised to the North.

According to the special prosecutors, the 4 people held 4 meetings during the months of April and May, after the commencement of the investigations on April 7, and agreed not to mention the 100 million won at the investigations.

However, while tracking down the amount and the route of Hyundai group`s secret payment to the North, the prosecution found out about the 100 million won, interrogated late chairman Chung. Chung acknowledged that 100 million won was paid on behalf of the government, and the 4 people`s attempt to keep silent about the money failed.

Jin-Kyun Kil leon@donga.com