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Prosecution summons former President Roh Moo-hyun 2009-04-27
The prosecution has summoned former President Roh Moo-hyun for an inquiry to be held Thursday afternoon at the Supreme Prosecutors’ Office. Roh will be the third former president to be called in for prosecutorial grilling.
Prosecutors believe the six million dollars Taekwang Industry Chairman Park Yeon-cha delivered to Roh during his presidency was likely a bribe for special favors. They are considering charging Roh with ‘comprehensive bribery.’



From the Park Yeon-cha gate to Roh’s summons
The summoning of the former president sprung from tax evasion charges against Park. The Taekwang Industry chairman underwent a tax probe last year, followed by an investigation by prosecutors. In the course of the investigation, the probe team discovered money flowed from Park’s hands into those of the Roh family. The probe accelerated this month, with former first lady Kwon Yang-sook and Roh’s eldest son, Geon-ho, being called in for grilling. Now, the former president himself has been summoned.



‘Comprehensive bribery’
Prosecutors say the president was aware that the five million dollar slush fund Park gave to Roh’s nephew-in-law, Yeon Cheol-ho, was in fact meant for Roh’s son. Also under probe is the one million dollars handed to Kwon and the 1.25 billion-won slush fund which Roh’s close aide and former presidential secretary, Jeong Sang-moon, stashed by embezzling state funds. The prosecution believes the six million dollars Park delivered to Roh was in return for the president’s role in helping Taekwang secure a construction order to build a thermal power plant in Vietnam.

Definition
Bribery charges are punishable when the bribe is proved to have been business-related and a quid pro quo. If the public official involved insists the money was irrelevant to business and was simply borrowed based on friendship, the quid pro quo must be challenged. The comprehensive bribery charge recognizes a business relationship and the nature of a business favor to a broader extent. Based on Supreme Court precedents, the charge is extensively applied to presidents and lawmakers in Korea.

[Prosecution vs. Roh]
Prosecution Roh
$5 million from Park to Yeon Cheol-ho
- Actual recipient was Roh’s son, Geon-ho.
- Roh knew about it.
- It constitutes a comprehensive bribery charge.
- Roh knew about it only after leaving office.
- The money was an investment.
- The charge can’t be established.
$ 1 million from Park to Jeong Sang-moon
- Intended for Geon-ho
- Roh knew about it
- Constitutes comprehensive bribery
- It was Kwon’s personal debt payment
- Roh knew about it only recently
- The charge doesn’t stand
Jeong’s embezzlement of W1.25 billion
- Post-retirement fund
- Roh, being the final approver, likely knew about it
- It was ex-aide Jeong’s own decision
- Roh did not know
W300 million from Jeong Dae-geun to Jeong Sang-moon
- Gift for Roh’s 60th birthday
- Delivered to Kwon
- Roh did not know
 
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