President Lee Calls for Minimizing Criminal Punishment, Citing Overreach

President Lee Jae-myung has voiced strong concerns regarding the proliferation of criminal penalties in the country, asserting that the legal system is becoming overly punitive and transforming into a 'penal state.' During a joint State Council and Emergency Economic Review meeting, the President stressed that criminal punishment should be reserved as a final measure, applied with utmost restraint and strictness. This call for reform stems from a perceived overreach of power by investigative agencies and prosecutors, which critics argue has led to a 'prosecutor-dominated state' where political maneuvering through judicial power has become a reality.

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Criminal punishment is being excessively used, and we are becoming a penal state, a punishment state.

The President highlighted that the current legal framework allows for severe criminal penalties to be imposed even for actions that might warrant only moral condemnation or administrative sanctions. He lamented that the principle of legality ('nulla poena sine lege') is being undermined, as individuals can be subjected to significant punishment based on the discretion of prosecutors, even when the application of law is questionable. This situation, he argued, creates an environment where people can be arbitrarily targeted and prosecuted, leading to a sense of injustice and a perversion of the legal process.

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Punishment must be 절제되고 (restrained) and strictly applied as a necessary last resort.

President Lee proposed a shift towards a more rationalized penal system, emphasizing the effectiveness of economic sanctions in the current global climate. He suggested that penalties like substantial fines and administrative sanctions should be prioritized over criminal punishment. When the Ministry of Economy and Finance presented a plan to reduce fines, the President strongly objected, arguing that if a penalty is to be imposed, the amount should be significant, not reduced. He questioned the rationale behind reducing a 5 million won fine to an administrative penalty, suggesting that such leniency, like allowing a waiver for a 3 million won drunk driving offense, would render sanctions ineffective.

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The power of prosecutors and investigative agencies has become too great, leading to criticism of a 'prosecutor-dominated state.'

In addition to penal reform, President Lee also addressed other critical issues. He ordered a thorough investigation into a recent accident where two workers lost fingers at a Samlip factory, expressing skepticism about the thoroughness of preventive measures. He urged for significantly increased fines for companies neglecting safety management, noting that South Korea's industrial accident rate remains higher than the OECD average despite a reported decrease in the first quarter. The President also reiterated his directive to exclude individuals with multiple or high-value real estate holdings from policy discussions and decision-making processes related to housing, emphasizing the need for a 'red' (decisive) approach within the government bureaucracy.

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The principle of legality is being undermined. Even those who should only be subject to moral criticism, disciplinary action, or administrative penalties can be subjected to immense punishment depending on the prosecutor's decision.