Monday, May 24, 2010

The Courts

Post articles here about the courts and the myth of equal justice.

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  3. Maƫlig Le Delliou

    “Drug scandal jolts showbiz industry” – Order in the Courts (ch.11)

    This article deals with the recent wave of drug scandals involving Korean entertainers. In that specific occurrence, popular actor Ju Ji-hun was charged with ecstasy and ketamine use; he pleaded guilty and was given a suspended sentence of 6 months in jail with one year of probation, 120 hours of community service and a 360,000-won fine. Actress Yun Seol-hee was charged with smuggling the drugs from Japan and using them, and was given a 3-year imprisonment suspended sentence. As the persons involved are celebrities, their case was overrepresented in the media and led to a scandal.

    The police/court have a different attitude towards celebrity cases because:
    1) Depending on the judgment taken, it can impact the image of the police/justice system in the public opinion
    2) It can directly influence the judges because they themselves have heard of those celebrities before the case and they already have an opinion on what “kind” of persons they are
    3) By committing crimes, the celebrities can be perceived as setting a bad example for young people, especially fans
    4) Also, in the second article, it is explained that many fans from within the country and from overseas sent petitions asking for a lenient punishment, and that it was taken into account!
    5) SHOULD the fact that they are entertainers be taken into account? Indeed, the detail of the crime committed and the punishment received will most likely appear in the media. Their public image is very important for their jobs and in a way, a similar punishment might have more consequences for them than for a person whose crime will go unnoticed, because it will remain private.
    All these reasons underline the importance of keeping celebrity affairs private. Media publicity should be avoided, in order for the trial to remain as fair as possible.

    In the article, the court argues that the sentence was fair. However, if the person involved had not been an entertainer, would he have gotten the same punishment? The fact that the persons involved are entertainers might influence the court’s decision: this example demonstrates that justice is not equal for everyone and that media can influence the court’s decision in many ways, directly or indirectly.

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  4. ... Part 2
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    Police are expanding their investigation into the smuggling and use of drugs involving movie stars and models.
    In the latest drug bust of entertainers, police booked popular film star Ju Ji-hun, 27, on suspicion of drug use and arrest warrants were sought for actress Yun Seol-hee, 28, and model Ye Hak-young, 26, for alleged smuggling ecstasy tablets and ketamine into the country from Japan. Two other residents were booked on similar suspicions.

    […] Police officiers said the entertainers appear to have been tempted to use drugs on assumption that that ecstasy and other drugs kill the appetite, helping them reduce their weight. Ecstasy is a mildly hallucinogenic amphetamine and the most popular illegal drug in Korea, while ketamine, also illegal here, is a veterinary medicine that has a strong hallucinatory effect on humans in dilute doses.

    […] Some entertainers have campaigned for legalizing the use of drugs such as marijuana. Kim Boo-seon and singer Shin Hae-chul, both caught for drug use, have insisted that marijuana should be legalized in Korea.

    However, the difference this time is that Yun and Ye smuggled the narcotics themselves ― police believe they did this to limit the possibility of exposure.

    Some experts cited relatively light punishment on drug users as one of the key reasons behind the scandals. Some have successfully returned to the business years afterward.

    Bae Kuk-nam, a culture critic, said, “They can make a return after drug scandals but their wrongdoing is engraved in people's memories.”
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    “The drug use of a celebrity like Ju can exert an evil influence on society, because people, especially juveniles, can follow his behavior, and ecstasy and ketamine are relatively cheap and easy to obtain compared with other narcotics,” the court said.

    “However, we decided to give the suspended term because he took the drugs only on a couple of occasions, has no previous criminal record and is reflecting on his wrongdoing. We also took many petitions asking for a lenient punishment for him into consideration,” it said.
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    http://www.koreatimes.co.kr/www/news/nation/2009/08/117_43997.html
    http://www.koreatimes.co.kr/www/news/nation/2009/09/117_47325.html

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  5. Valerie Raeymaekers

    Massages, nightclub work nixed for foreign spouses

    Foreigners who obtained a residency status by marrying a Korean will be prohibited from working in nighttime entertainment. I believe this to be a good example of how the law can be very racist towards foreigners. An official in the ministry of justice stated that “There have been many cases in which foreign spouses [in Korea] have worked as noraebang ‘helpers’ or in massage parlors and have caused social problems.” However what about Koreans in nighttime venues who cause social problems?
    Furthermore a reason for this new law was given: "This measure was taken so that a proper multicultural family environment will be able to stabilize here". Trying to uphold multicultural families in a conservative sense, the department of justice seems to be trying to uphold the traditional family values by picking out multicultural families in Korea. So from now on, foreigners who are caught working in the nighttime business will be investigated and might get charged. However, at the same time, the ministery also distinguishes another group of foreigners, setting it apart from the rest. Those who have brought Korea international recognition such as Dutch soccer coach Guus Hiddink, who was noted as a "distinguished foreigner in Korea" will be able to obtain permanent residency.
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    Foreigners who obtained residency status by marrying a Korean will be prohibited from working in nighttime entertainment venues, according to the Justice Ministry. The ministry also said it was planning to make it possible for distinguished foreigners in the arts or sports who have lived in Korea for more than five years to be able to acquire Korean residency on an F-5 visa.

    The Justice Ministry announced a revised regulation yesterday which states that foreign spouses on F-2 visas will not be able to work in such venues as noraebang, or singing rooms, hostess bars, massage parlors and other places that “disturb the social order and ‘good’ social conduct.” The ministry said the revision is scheduled to go to the cabinet before July.
    “There have been many cases in which foreign spouses [in Korea] have worked as noraebang ‘helpers’ or in massage parlors and have caused social problems,” said an official at the Justice Ministry. “This measure was taken so that a proper multicultural family environment will be able to stabilize here.”

    Under current regulations, if a foreign spouse was found working in nighttime entertainment venues, there was no clear guideline permitting investigation or restrictions.

    The ministry said it wants distinguished foreigners in Korea in the arts or sports to be able to obtain residency. “With this, people like Guus Hiddink [the Dutch football coach who led the Korean national team to the semifinals of the World Cup in 2002], who has contributed to Korea and is renowned internationally, will be able to obtain permanent residency,” the official said.
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    http://joongangdaily.joins.com/article/view.asp?aid=2919824

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  8. Shuying Mei

    "Civic Group Sues 'Sponsored' Prosecutors"

    This article deals with the recent phenomenon of 57 prosecutors who are being suspected of having received bribes in the form of money and sexual entertainment from a businessman for many years. The businessman, whose surname is Chung, bribed these prosecutors in exchange for their providence of business favors, as having close relationships with those in power is deemed to be important to one’s business endeavors. There have also been similar scandals in Korean history but apparently the prosecutors who were involved went unpunished and little progress has been made so far in reforming the current prosecution system and in strengthening the organizational transparency.

    This incident shows that the impartiality of law enforcement officials is only a myth and it also supports the myth that law enforcement officials themselves are always law-abiding. The businessman in this case who was scot-free for many years shows that not everyone who breaks the law gets arrested and punished. There seems to be socioeconomic biasness in the enforcement of the law as these prosecutors were most probably giving unequal treatment to this businessman because he has the ability to provide monetary and other gratifying benefits, which the poor and those with a lower status in society are not able to afford. Moreover, the prosecutors who are expected to be impartial are not only closing one eye to the businessman’s unlawful behavior but they are also engaging in criminal activities themselves. This would hence cause people to lose faith in the law and might make them confused about the boundaries between what's morally right and what's morally wrong.
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    04-22-2010 19:49

    Civic Group Sues 'Sponsored' Prosecutors

    By Lee Hyo-sik
    Staff Reporter

    A civic group here filed a suit against 57 former and incumbent prosecutors accused of having received money and sexual entertainment as bribes from a businessman.

    The People’s Solidarity for Participatory Democracy (PSPD) said Thursday that it has reported the so-called ``sponsored’’ prosecutors to the Supreme Prosecutors’ Office for criminal proceedings, accusing them of taking bribes in exchange for providing business favors to the jailed head of a construction firm in Busan, the nation’s largest port city.

    On Tuesday, MBC TV’s investigative program “PD Notebook” made public the names and photos of two incumbent senior prosecutors ― Park Gi-joon at the Busan Prosecutors’ Office and Han Seung-chul at the Supreme Prosecutors’ Office ― who were on the list.

    The one-hour episode of the weekly TV program called the testimony and documents from a 52-year-old man, identified only by his surname Chung, ``highly credible.’’

    ``Chung’s documents prove that many prosecutors have received money and entertainment services from him for many years. Given the huge amounts of money Chung spent to entertain law enforcement officials, they should be indicted for receiving bribes,’’ the civic group said in a statement.

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  9. It then urged investigators to get to the bottom of the growing bribery scandal, stressing if sponsored prosecutors go unpunished like in the past, it will tarnish the prosecution’s reputation and turn the case into a full-blown catastrophe.

    Additionally, the Democratic Party (DP) and other opposition parties said Thursday that a special prosecutor should be appointed to look into the allegations, insisting the investigators themselves are unable and unwilling to fully resolve the scandal.

    ``The case will fade away from public awareness as time goes by unless the whole truth is faithfully revealed. We think a special prosecutor should be brought in to investigate the incident thoroughly, leaving no doubt,’’ DP floor leader Lee Kang-rae said.

    Lee then said the opposition party does not have faith in an envisioned special investigation unit to be set up by the prosecution. ``There were many similar scandals in the past but those who were involved went unpunished because prosecutors were unable to clean up their own mess.’’

    To head off the rapidly growing public criticism, Prosecutor General Kim Joon-gyu said Wednesday that Supreme Prosecutors’ Office will launch a special investigation into the allegations. ``If the report turns out to be true, it’s a disgrace to the prosecution as a whole. We will uncover the truth first and then take appropriate measures,’’ Kim said.

    Justice Minister Lee Kwi-nam also pledged to leave no stone unturned. The latest ``sponsorship’’ scandal involving prosecutors and a businessmen have brought the decades-old dubious practice to public attention once again.

    In Korea, history has shown that it is all about who knows who in politics and businesses. It is important for businessmen to build close relationships with those in power, including lawmakers, judges and prosecutors, in order to get things done.

    In the same way, people in power, who are mostly employed in the public sector with a small salary, need to know wealthy people who are willing to pay their expenses.

    Businessmen provide not only cash, but also lavish entertainment. In return, those who spend billions of won to treat people in power receive business favors.

    Experts say the prosecutions’ wielding of ``absolute’’ power is a cause of the repeated bribery scandals. Under the law, a prosecutor has the exclusive right to decide whether to send a case to court. They also exercise huge influence in criminal investigations, with virtually no institution performing checks-and-balances.

    For many years, civic activities have said in order to prevent such scandals, the current prosecution system should be overhauled, bringing more outsiders into the ranks of prosecutors and strengthening the organizational transparency. But little progress has been made.

    ``The best way to prevent such a scandal is to thoroughly investigate the allegations and bring those involved to justice, sending a warning to both prosecutors and businessmen. After filing a complaint with the prosecution, we will wait and see how it handles the matter. If the investigation is short of our expectations, we will take all possible measures,’’ Lee Jing-young, a PSPD coordinator, said.

    leehs@koreatimes.co.kr
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    http://www.koreatimes.co.kr/www/news/nation/2010/04/117_64691.html

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