[Interview file] Special examination on '5 evaluation conditions'... Will the'Samjeon stock sale plan' come out within this year?

On Monday, Samsung Electronics Vice Chairman Lee Jae-yong's trial was held again.

It has been 9 months since the special prosecutor said that the trial was partial, and the special prosecutor filed an application to evade the court against the first criminal division of the Seoul High Court (Deputy Judge Jung Joon-young).

In a courtroom where Vice Chairman Lee Jae-yong, who was injured by his father, was not present, the special prosecutor and Samsung had a nervous war.

However, the topics that came and went in the process were quite heavy to describe as'new scriptures'.

This is because the special prosecutor's office presented five evaluation elements in relation to the evaluation of the'Samsung Compliance Monitoring Committee', which the court said it would consider as a factor for Lee Jae-yong's sentencing.

check'overall the

Vice Chairman Lee Jae-yong is in danger of entering jail again after a bribe of over 5 billion won was recognized in the Supreme Court.

For bribery crimes of more than 5 billion, the statutory sentence is 5 years or more, because in order to be sentenced to probation, you must be sentenced to 3 years or less.

But there is hopelessly.

If the judge is sentenced to a sentence of two years and six months through the'crop reduction', which at its discretion, cuts the sentence in half, Vice Chairman Lee Jae-yong may receive a probation.

This is a desperate scenario for Vice Chairman Lee, who is in a hurry to succeed due to the sudden death of Chairman Lee Kun-hee.

To this end, it is essential to receive a good evaluation of the'Samsung Compliance Monitoring Committee', which is operated by the judiciary, saying'I will see if Samsung has a system that will not participate in the same power-type crime.'

The judiciary has already announced its intention to form and operate a'professional hearing committee' to evaluate the'compliance monitoring committee'.

The court has recommended former Constitutional Judge Kang Il-won and former High Prosecutor Kim Gyeong-soo as members of the professional hearing panel.

The Special Prosecutor's Office, which was in the position that'the Compliance Committee is a device for judging judgment', was of course negative about the Professional Hearing Committee that will evaluate the Compliance Committee.

However, after the final dismissal of the refusal request from the court, the special prosecutors expressed their intention to recommend the special prosecutor's personnel to the expert hearing committee in the opinions submitted on the 21st and 23rd.

The important thing is the following five conditions suggested by the Special Prosecutor.

(1) Whether it is possible to prevent crime in areas where the interests of the total number of companies and the interests of affiliates, such as instructions from the Future Strategy Office, conflict with each other

(2) Confirmation

of the

will to comply with future issues related to'succession work' such as revision of the insurance

industry

law

Whether or not the accused Jae-yong Lee's'serious reflection' on illegal acts arising from'

(4) Evaluation of whether the Compliance Committee is organized to ensure effective operation

(5) Former and current employees of Samsung are attorneys at the expense of the company The

special

prosecutor's office on the request for cooperation in investigation by the prosecutors for receiving expenses

insisted that it is necessary to evaluate the entire succession process of Samsung beyond the activities of the Compliance Committee.

An official of the special prosecutor said, "Isn't the judge's will to create a compliance committee that would fear the total number of companies?" and said, "Do you show a firm determination to prevent crimes like this one from happening in the decision to dismiss the refusal of the court?" So, to avoid recurring events like this one, we have to solve the fundamental problems of the succession process.”

The evaluation criteria of these special prosecutors differ significantly from those submitted by Samsung to the court.

On September 29, Samsung submitted the evaluation criteria to the court, saying, "Because it includes items for the effectiveness of the compliance system, which has greatly strengthened the monitoring function, we will be able to effectively judge whether the contents promised by the defendants are actually being implemented." Stated the position.

It seems to have implied that the evaluation of the expert hearing committee should be conducted only in the area of ​​the'Compliance Audit Committee'.

However, the special prosecutor stated in the opinion of October 23, "It is difficult to evaluate the effectiveness of the Samsung compliance monitoring system only with the same level of evaluation as the general compliance system already implemented in the Commercial Act and Financial Relations Act." Confirmed.

In the opinion, the special prosecutor stated that bribery crimes such as Samsung's'equestrian support' and'gifted center support' were also carried out after review by the Samsung Group's internal legal team, and argued that the Compliance Committee alone could not prevent the recurrence of the same crime. .

Chairman Lee Kun-hee's funeral was followed and vice-chairman Lee confronted the issue of inheritance and succession in earnest

, the most eye in the five evaluation factors submitted by the special prosecutor The prominent part is

of the

.

Currently, the National Assembly is proposing the'Amendment to Insurance Business Act' initiated by the Democratic Party's Rep. Park Yong-jin and Lee Yong-woo.

If this law is passed, the Samsung Group will have to sell the shares of Samsung Electronics held by Samsung Life Insurance, but it is a very troublesome problem for Vice Chairman Lee Jae-yong, who is in the process of succeeding management rights after Chairman Lee Kun-hee.

In a situation where the Samsung Group has not confirmed and announced action scenarios when passing the amendment to the insurance industry law, a special prosecutor suggested that Samsung clarify its position on this part.

The reason why the Special Prosecutor's Office makes such a claim is that the contents of the amendment to the Insurance Business Act are mentioned in both the first and second trials of the Kukjeong Nongdan trial by Vice Chairman Lee Jae-yong.

In the rulings of the first and second trials, the'insurance business law amendment' is mentioned as one of the'succession issues' that became the background of Vice Chairman Lee Jae-yong's bribery. Shows.

In addition, with the Democratic Party dominating the majority of the National Assembly, the possibility of passing the amendment to the insurance industry law initiated by Democratic Party members is higher than ever.

The special prosecutor is asking vice chairman Lee Jae-yong, who gave bribes to the former regime to resolve the succession issue,'how will we deal with the succession issues that arise when the insurance industry law is passed in the current regime?'

If this item suggested by the special prosecutor is adopted as a criterion for evaluation by the expert hearing committee, it is likely that Samsung should reveal a relatively detailed position on Samsung Life's plans to dispose of Samsung Electronics' shares in advance of the ruling ruling of the Gukjeong Nonongdan.

In addition,

You should also pay attention to items such as.

This is because Vice Chairman Lee Jae-yong is currently charged with illegal merger between Samsung C&T and Cheil Industries.

In response to the prosecution's logic that'the Samsung C&T-Cheil Industries merger ratio was manipulated to facilitate the succession work', Vice Chairman Lee is arguing to the effect that'the succession work was done by working-level staff and there were no instructions or reports.

However, at the end of the ruling and repatriation of Gukjeong Nongdan, if he has to give his position on illegal activities arising from the succession process, Vice Chairman Lee could face a significant dilemma.

It is advantageous to present a position of'reflecting the illegal activities of succession' in the deliberation and repatriation of the destruction, but the reason is that'the issue of succession was not reported in detail' in the trial related to the illegal merger.

There is no guarantee that 100% of the five evaluation criteria proposed by the Special Prosecutors'

will be reflected.

This is because the three expert judges recommended by the court, Samsung, and special prosecutors decide the final evaluation criteria based on their opinions.

Due to arrests, summons investigations, and his father's death, the public opinion of Lee Jae-yong is high.

However, just 10 years ago, the word'Samsung's unbeaten' was publicly talked about.

The suspicion that the republic's legal standards, which should be fair, are only flexible for Samsung, has been used as a kind of common sense.

Lee Jae-yong, who has reached the final stage, will be able to put an end to the distorted common sense, and the special prosecutor will recommend the last one expert judge to the court today (29th).

(Photo = Yonhap News)