[Opinion] Special Pardon

Kings of the Joseon Dynasty used to grant a special pardon to prisoners believing that their merciful deeds may prevent natural disasters, such as droughts, by pleasing God. However, King Sejong criticized the practice in the 10th year of his reign, saying, “Despite constant pardons, Heaven has never answered. I believe it is of no use in stopping disasters. In fact, it has now become an evil custom. Now, criminals wish for droughts in the hopes of taking advantage of loopholes in the law.”

These days, special amnesty is granted in the name of “social integration” and “national reconciliation.” However, despite numerous special pardons by the past administrations, this practice does not seem to have contributed much to national harmony, largely because this has been a party to which only powerful politicians and businessmen are invited.

President Roh Moo-hyun’s final pardons granted on New Year’s Eve are no exception. According to insiders, Cheong Wa Dae took the initiative in the selection of 75 politicians and businessmen, including now-defunct Daewoo Group founder Kim Woo-choong. The Ministry of Justice was hardly able to participate in the selection process as the government played down the judiciary.

The pardons for the businessmen can be justified as they may help revive the economy. The amnesty given to six death row inmates whose sentences were commuted to life imprisonment is understandable as Korea has become a de facto abolitionist country. However, special pardons given to two former chiefs of the nation`s top spy agency, Shin Kun and Lim Dong-won, both convicted of ordering eavesdropping, and Choi Do-sul, former presidential secretary for general affairs, cannot be explained. Were they pardoned on the excuse of “reconciliation with the Kim Dae-jung`s government,” or as “a favor for Kim’s close aides”? What is clear is that the incumbent administration even considered putting Kim Dae-eop on the list of special pardons, despite the fact that he was the one who raised groundless suspicions over the draft dodging of the eldest son of then Grand National Party presidential candidate Lee Hoi-chang. Perhaps Roh belatedly wanted to admit that Kim played a crucial role in helping him get elected in the presidential election.

Lim and Shin received their sentences in the court of appeals and appealed to the Supreme Court just a few days before they were pardoned. However, they suddenly withdrew the appeal in order to be qualified for the special pardon. We cannot help but suspect that someone secretly informed them that they would be granted a special pardon. One legal philosopher compared a special pardon to “a bright ray that comes from the outside of the legal world and shines on the bitter coldness and the dark side of the legal world.” He, however, did not consider powerful people or those who have personal political motifs as “a bright ray.”

Editorial Writer Yook Jeong-soo, sooya@donga.com