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Investigative claims that set goals from the start
On the 1st, the prosecution indicted 11 former and current employees, including Samsung Electronics Vice President Lee Jae-yong, in connection with the suspicion of succession of management rights. It annulled the prosecution’s recommendation that the Investigation Review Committee not prosecute In addition to the on-site management that has continued for more than a year, uncertainty has increased with the incorporation of Corona 19.
The following is the full text of Vice President Lee’s position.
The position of the lawyers
The violations of the Capital Market Law, accounting fraud, and business misconduct, which are the prosecutions in this case, are only one-sided assertions by the investigation team that are not based on evidence or law, but in no way they are true.
Through not only questioning of the suspect prior to arrest, but also through court rulings in various related cases brought by hedge fund Elliott, etc., the Samsung C&T merger is “ compliance with government regulations ”, the “ stabilization of unstable management rights ” and the “ achievement of business synergies ”. It is an objectively confirmed matter that this is a legitimate business activity that was carried out due to the need of management, and that all procedures in the merger process were considered to have been carried out legally.
When it comes to fraudulent accounting at Samsung Biologics, the financial authorities’ position on accounting has been reversed several times, and 12 accounting experts have also suggested that it is not a violation of accounting standards. The court also found that it would be difficult to view it as a violation of accounting standards in the case of the suspension of enforcement of the Jeungseon Committee’s provision and the examination of arrest warrants related to fraudulent accounting charges.
The Prosecutors’ Investigation Deliberation Committee, made up of citizens in general, including experts, also carefully examined the claims and evidence of the investigation team and lawyers from the point of view of a third party, and asked to stop the investigation because the overwhelming majority of 10 to 3 were unable to process the case. It was decided.
The judgment of the Investigation Deliberation Committee is the judgment of the people, so the prosecution has respected all the decisions of the Investigation Deliberation Committee (8 cases). However, in this case, the prosecution was executed.
All the content and evidence explained today by the Prosecutor’s Office were presented and thoroughly reviewed during the interrogation or deliberation process prior to the arrest of the deliberative investigative commission, and there is nothing new that deserves refutation.
Prosecution against the will of the people and ignoring the rational judgment of the judiciary not only runs counter to legal fairness, but also undermines public confidence in the prosecution.
For defendants who believed in the prosecution’s fair decision-making process and tried to protect their rights in the process, it is difficult to understand and they cannot surrender.
In addition, in the prosecution process, a crime of labor breach was added, which was not even mentioned at all when requesting a court order and deliberation by the Deliberation Investigation Commission.
The research team also saw the gain from owning 53 trillion won market capitalization of Samsung Biologics stock due to the legal reason that it contradicted the consistent Supreme Court precedent of not admitting wrongdoing against shareholders. from the director. It was not possible to make a decision in consideration of such things, but the sudden incorporation of this into the prosecution process seriously violates the right of defense of the accused and denies the existence of the Investigation and Deliberation Commission itself.
Furthermore, since it was concluded that there was no manipulation of the merger ratio, not a single line of prosecution has been identified. It is difficult to understand that there is no manipulation of the merger index and the criminality of a normal merger between companies whose index is determined by the market price of the shares in accordance with the laws and regulations.
The investigation team has been overwhelmed by the crowd, including requesting an arrest warrant requesting the deliberation of the Investigation Deliberation Committee, and adding a crime of noncompliance with work that was not even presented to the Investigation Deliberation Committee. the Investigation because the investigation deliberation committee overwhelmingly decided to suspend or not prosecute the investigation.
The attitude of the investigation team is inevitably to say that the investigation was conducted with the aim of prosecuting the Samsung Group and Lee Jae-yong from the outset, rather than seeking the real truth based on evidence.
Furthermore, the facts of the prosecution organized by the investigation team are the same as the hedge fund Elliot, which opposed the merger of Samsung C&T, brought against the Korean government in the ISD arbitration trial.
It is said that conclusions were drawn through meetings of prosecutors and listening to expert opinions, but this is only a shortcut to override the conclusions of the neutral and objective investigative deliberation commission that was introduced to democratically control the exercise of the prosecution power. It is highly questionable how the investigation team can justify prosecution by arbitrarily selecting participants or experts and providing only one-sided arguments and data from the investigation team to draw the investigation team’s intended conclusions.
Not only is it not convincing, it is also regrettable.
The defendants will be faithful to the trial and the court will discover why the accusation is unfair.
Looking around, everyone is struggling in big trouble. Although many difficulties are expected for the Samsung Group and the defendants due to the prosecution of this prosecution, we will continue to do everything possible to help overcome the current difficulties as a member of this society.
Thank you.
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