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[Editorial] Could people accept the ruling?

Published: 09 Feb. 2023, 20:06

Former People Power Party (PPP) lawmaker Kwak Sang-do was declared not guilty in the first trial for his alleged role in helping his son receive 5 billion won ($4 million) in bonuses and severance pay from Hwacheon Daeyu, the largest stakeholder in the Daejang-dong development scandal. But Kwak was found guilty for taking 500 million won from Nam Wook, a lawyer and a shareholder of Hwacheon Daeyu, in March 2016 ahead of the 20th parliamentary elections. The court said he violated the Political Fund Act.

But many cannot understand how he was acquitted of his bribery and favoritism charges. A public official can be punished if they take goods or services valued over 50,000 won even without any strings attached. But a lawmaker whose son received 5 billion won being declared innocent goes against common sense and public sentiment. Either the prosecution presented its case poorly or the court misjudged. Of course, first and second trial results can differ.

The court could not determine if Kwak provided any favors to the developer in return for the 5 billion won for his son, although it found the amount of the money abnormally large.

The prosecution is at fault for failing to build its grounds for the bribery connection. The prosecution asked for a jail term of 15 years and a fine of 5 billion won, pointing out the wickedness of the defendant taking enormous amount of money as bonus for his son. It has found Kwak’s deeds gravely immoral, given the 12-year sentence given to child rapist Cho Doo-sun. We are dumbfounded to see Kwak acquitted when his son pocketed as much as 5 billion won after only six years of working for the developer.

The case is the first ruling on figures related to the Daejang-dong scandal. Due to acquittal of the bribery connection, Kim Man-bae, the owner of Hwacheon Daeyu, was also found innocent on the charge of bribery. The public opinion and court judgment can differ. Therefore, the prosecution’s ability to build a strong case is very important.

Kwak said that prosecutors only showed the will to prosecute him without presenting strong evidence to back their argument. Other figures related to the development scandal will also face trials one after another. Doubts can also rise about the prosecution’s ability to investigate Democratic Party chief Lee Jae-myung and his aides, and Kwon Soon-il, a former Supreme Court justice. Prosecutors could come under attack by the opposition for going soft on Kwak, as he was once a member of the governing PPP.

If the prosecution is sure Kwak’s misdeeds are serious, it must come up with a strong case in the second trial. It must feel shameful if it did not prepare well for the first one.