Chun Doo-hwan unpaid fine 95.6 billion won, tax 1 billion… Is there no way to get it in the end?

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43% of the total fine of 220.5 billion won remains
Prosecutors “Examination of additional redemption enforcement laws”

material photo” alt=”Chun Doo-hwan. material photo” />

Chun Doo-hwan. material photo

As Chun Doo-hwan, the leader of the 12/12 military rebellion and bloody suppression of the 5/18 Gwangju Democratization Movement, died on the 23rd, it became more difficult to recover the remaining 95.6 billion won in fines. Prosecutors are reviewing whether there is a way to recover the property that Chun had hidden before his death or borrowed-name property in the name of his family. It was also found that Jeon failed to pay 982 million won in local taxes. According to the report on the 23rd, Jeon did not pay 95.6 billion won out of 220.5 billion won in fines. The amount of fines executed so far is 124.9 billion won, which is 57% of the total. In 1997, Jeon was sentenced to life imprisonment and a fine of 220.5 billion won by the Supreme Court. The prosecution has executed a fine of 1.4 billion won this year. In July, the prosecution recovered 350 million won from the construction company of a publishing company run by the Jeon’s eldest son, Jeon Jae-guk, and in August, the Jeon family owned Seonsan, etc. The statute of limitations for fines is 10 years. During this period, if a fine of even 1 won is executed, the prescription is extended by 10 years. On the other hand, if there is no record of additional collection, the prescription automatically expires. For this reason, when the time of extinction approaches, the prosecution has taken measures such as seizure of property. However, with the death of Jeon, the recovery of the fine was unclear. This is because the surcharge is not transferred to anyone other than the person concerned, such as family members. However, additional collection is possible from a third party who acquired it even though it is known that it is an illegal property. The Seoul Central District Prosecutor’s Office of Crime Proceeds Recovery Department (Director Jin-seung Yoo), who has been in charge of the execution of the collection of Chun’s fines, said on the same day, “The party has died, but it is difficult to determine whether additional collections will be made. We are reviewing whether it is possible to enforce unpaid fines,” he said. In June of last year, Democratic Party lawmaker Yoo Ki-hong proposed the ‘3rd Law on the Collection of Chun Doo-hwan’s property’, which allows additional collection of inherited property even after Chun’s death, but it is still pending in the Judiciary Committee. At that time, Rep. Yoo, through amendments to the Criminal Act and the Criminal Procedure Act, included content that would allow additional collections of inherited property even if a person who has been sentenced to additional collection dies. Previously, in 2003, when the statute of limitations for the collection of unpaid fines was about a month away, Jeon paid only 31.4 billion won in fines. Afterwards, the prosecution applied for property specification in 2003, and the court accepted it. At the time, Chun submitted 291,000 won of deposits and bonds as a property list. Since then, the so-called ‘Chun Doo-hwan Collection Act’ (Special Law on Confiscation of Public Officials Crimes) was introduced in 2013, when the statute of limitations for enforcement of additional fines was about to expire. ) was revised, the prescription was extended from 3 years to 10 years, and the prosecution set up a special collection team for unpaid fines and started the process of recovering Jeon’s property. In July 2013, the Seoul Central District Prosecutors’ Office formed a special redemption team to recover the property surrounding the Jeon family through foreclosure and short sale. Jeon Jae-guk, the eldest son, submitted a voluntary payment plan of 167.2 billion won in unpaid fines to the prosecution in September of that year, when public outrage over the unpaid fines arose. said. However, after that, Jeon changed his attitude abruptly. When the prosecution met with Jeon Jae-guk twice in 2017 and 2018 and asked what he would do with the house in Yeonhui-dong, he said that he had a negative reaction to taking donations. As the prosecution proceeded with the public auction process, in December 2018, Chun resisted by filing an ‘objection regarding the execution of the trial’ to the court. The reason is that the main house of Yeonhui-dong’s house is in the name of his wife Lee Soon-ja, the garden is in the name of Lee Taek-su, the former secretary of the Jeon family, and the detached house is in the name of the third daughter-in-law, Lee Yun-hye. During the trial, Chun’s side also applied for a request for adjudication on the constitutionality of the “Chun Doo-hwan Additional Collection Act.” Accordingly, in April, the Supreme Court decided, “The seizure of the main house and garden in Yeonhui-dong is illegal, and the seizure of the annex is legal.” The main house and the garden cannot be seized because there is insufficient evidence that Chun acquired it before he took office and formed it with illegal profits, but the annex is believed to be seized because it was acquired as illegal property. In February last year, the Constitutional Court also decided that the “Chun Doo-hwan Additional Collection Act” was constitutional. Separately, the daughter-in-law Lee filed a lawsuit against the Seoul Central District Prosecutors’ Office in October 2018 to invalidate the seizure disposition, but both the first and second trial judges lost the judgment, saying, “The seizure is legal.” The case is now pending in the Supreme Court. Jeon also has not paid local taxes worth 982 million won. He has been on the list of large delinquents in Seoul for eight years. The Seoul Metropolitan Government plans to first sell the items seized in 2018. In December of that year, the city of Seoul searched Jeon’s home in Yeonhui-dong and seized a total of nine items, including TV sets, refrigerators, screens, etc. An official from Seoul said, “After selling the confiscated items, we plan to continue the process of checking if there is any hidden property.” If other assets are not found within 5 years after the sale of the seized goods, the collection right will expire. In August 2017, the city of Seoul seized copyright royalties for Chun’s memoirs. By Son Hyeon-su and Jeon Kwang-joon, staff reporters [email protected]



Reference-www.hani.co.kr

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