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In the trial of the vice president of Samsung Electronics, Lee Jae-yong, for the reversal of the Gukjeong Nongdan case, the special counsel and the lawyers faced the evaluation of the Samsung Compliance System, which would affect the decision of the sentence. The final date of the plea will take place on the 30th.
Seoul High Court Criminal Division 1 (Deputy Chief Judge Jung Joon-young Song Young-seung Kang Sang-wook) held a trial on the 21st of five defendants, including Vice President Lee Jae-yong, charged with bribery. . On that day, the special counsel and attorneys voiced their opinions on the expert judges’ assessment of the effectiveness and sustainability of Samsung’s compliance monitoring system.
In the latest trial, professional judges such as court-appointed former constitutional judge Kang Il-won, accountant of the Hong Soon-tak Economic and Financial Center of Solidarity Participation Economic and Financial Center on the side of the special prosecutor, and Kim Kyung-soo from Samsung’s attorney at the Yulchon Law Firm, made a statement on the assessment of Samsung’s core affiliates and the Samsung Compliance Committee, which oversees the Samsung Compliance Committee. .
■ Special prosecutors “Effective enough to fear the gunman … ‘Ashitabi’ style is not possible”
The special prosecutor said: “In order to use Samsung’s Compliance Monitoring System as grounds for sentencing, it must be effective enough to scare the total number of companies, but the general opinion of the expert judges is evaluated negatively.” It cannot be the reason for the sentence, and the sentence will have to affect the sentence of between 5 and 16 years in prison, which is the range of the sentence of the defendant Lee Jae-yong. ”
The special counsel insisted that the final conclusion of Samsung’s Compliance Monitoring System should be based on the results of the evaluation of the individual inspection elements of the expert hearing committee. “Based on this criteria, Kang and Hong were evaluated very negatively, and in this case, it is 2: 1, and even considering the final judgment, Kang seems somewhat reserved rather than positive.”
Regarding the evaluation on the prevention of illegal activities by the top management, both members Kang and Hong expressed the opinion that they gave negative evaluations. Of the nine detailed evaluation items related to the total number, Kang said eight were inadequate, Kim evaluated six as inadequate, and Hong mentioned that they generally gave negative evaluations.
“For Samsung’s Compliance Monitoring System to become a favorable sentencing factor for the defendant, it is not a question of whether it has progressed more than the existing system, but rather the effectiveness of the total number of people who fear As of now, he doesn’t seem to be satisfied unless there is an additional system of complementation or verification. ” “If necessary, there should be time to make it up, but the lawyers are criticizing for fear of delaying the trial,” he said.
Finally, while listening to the fact that the special exam teachers selected ‘Ashitabi (我 是 他 非)’ as the dead word of the year, I learned that law enforcement should not change from person to person in the way that the right and left are wrong. Mentioned.
■ Lawyer “Arithmetic evaluation of irrational individual item … continue preparation of complementary measures”
Counsel argued that it was irrational for the special counsel to add arithmetically according to individual items for reasons such as differences in each item of inspection by the expert hearing committee. The lawyer said: “The special counsel insisted that each individual element must be derived with o and x, but it is difficult to judge the evaluation of each member as if it were cut with a knife, and we have to judge a comprehensive matter.
In addition, he said, “we have prepared complementary measures such as requiring the board of directors to withdraw from the compliance committee, but it is more important to ultimately determine whether the system prevents misconduct rather than dividing it into positive or negative.” “We have put together an institutional system to do it, and misconduct from top management has become difficult. Just because we haven’t categorized this doesn’t mean we haven’t done anything.”
Regarding the opinion of Commissioner Hong, who gave an overall negative assessment, “It is difficult to find the content of the defendant and Samsung’s efforts in the overall assessment” and “Including elements related to the merger issue that the court decided that they weren’t appropriate. ” It was said to have fallen, but it was regrettable that no other complementary measures were mentioned. ”
Regarding the final conclusion, the lawyer said that Kang and Kim generally gave positive and negative evaluations, saying: “I will not say that it is 2: 1. We have to see if the opinions are reasonable and the conclusions from various aspects.” The defendant and Samsung will continue to complement the issues raised by members and listen to the views of civil society to strengthen the compliance system. ”
Previously, the Compliance Committee reviewed and revised various aspects of the matters indicated by professional judges ▲ strengthen the guarantee of effectiveness of the committee’s recommendations ▲ strengthen the procedural requirements related to the exit of the committee’s agreement ▲ strengthen the guarantee of effectiveness of the committee’s budget and human resources authority. Reflecting it, it was decided to complement the current system.
■ The judiciary, a 30-day trial by decision … “The compliance system is only one of the conditions for passing judgment”
The judiciary decided to hold a trial by decision on the 30th. The special prosecutor mentioned the postponement, which raised concerns about Corona 19’s situation, but it was not accepted.
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The Ministry of Justice said: “It is a crime of bribery and embezzlement for which the accused are also convicted. To prevent it effectively, the punishment of the criminals is necessary, and an effective compliance monitoring system is necessary that the head of the company be afraid. ” “The system is one of the many sentencing conditions and it is not the most important factor.”
“Everyone will agree that in this case, misconduct should not happen again in our society,” he said. “The special prosecutor and the attorney, please prepare the arguments, grounds and statements of the Judicial Power to prepare a final defense. Some judgment I asked for the final argument with the attitude that I would take responsibility for the result and humbly accept it ”.
