Court commutes death sentence on Chun Doo Hwan
Court commutes death sentence on Chun Doo Hwan
SEOUL (AFP): A South Korean appeal court yesterday commuted
the death sentence ordered against former president Chun Doo-hwan
for mutiny and corruption, and reduced the jail term of his
successor Roh Tae-woo.
The court, pointing to South Korea's meteoric economic growth
and the peaceful transition of power during his presidency, said
Chun should serve a life jail term.
It reduced Roh's prison sentence from 22 and a half years to
17 years.
A lower court in August ordered the death sentence for Chun
after finding him guilty of a 1979 military coup, the infamous
1980 massacre in Kwangju and graft charges.
"The court finds the defendants guilty of leading the Dec. 12
military mutiny and usurping power through the May 17
insurrection," Senior Judge Kwon-sung said in giving the decision
of the three-judge panel.
"But at the same time, we must stay away from a political
culture in which losing political power means losing your life,"
he said.
The decision triggered pandemonium in the courtroom.
Protesters from Kwangju shouted "death to murderers" and started
scuffling with court guards.
Chun closed his eyes and gave a hint of a smile. Roh heaved a
deep sigh of relief.
The ruling sharply divided the nation. People in Chun and
Roh's home province of North Kyongsang generally welcomed the
reduced sentences, while residents in Kwangju reacted angrily.
"This is a political charade. All court procedures must have
been staged from the beginning," said Chung Dong-nyun, president
of a group for Kwangju victims. He warned of a strong public
reaction.
The main opposition National Congress for New Politics said:
"The court ruling failed to meet the people's expectations, but
the party refrains from commenting on decisions made by judicial
authorities."
Neither the defense nor the prosecution announced whether they
would take the rulings to the Supreme Court, a process that could
drag on until April of 1997.
At a separate session yesterday, four business tycoons linked
to Roh's corruption case walked free, either with suspended
sentences or a not guilty verdict.
The court acquitted Chung Tae-su, head of the Hanbo business
group on charges of giving the former president a bribe of 10
billion won (US$12 million), citing lack of evidence.
Three other tycoons -- Kim Woo-choong of the Daewoo Business
Group, Choi Won-suk of Dong-A Group, Jang Jin-ho of Jinro Group
-- all of whom had been charged with bribing Roh, had their
sentences suspended.
Before announcing the verdict on Chun, the court recalled that
on June 29, 1987, the then-president agreed to democratic
reforms, including a direct presidential poll, a move critics say
was forced by nationwide protests.
The reforms paved the way for Roh to be elected in 1987. Roh
joined forces with then opposition leader Kim Young-sam, who in
turn became president in 1993.
But Kim Young-sam turned on the two ex-generals after the Roh
corruption scandals surfaced in 1995, rekindling public outrage
over their involvement in the coup and Chun's role in the Kwangju
bloodshed, in which 200 people died by the official count.
The court upheld the guilty verdict on 10 charges related to
the coup and massacre and corruption against Chun. In arguing for
commutation it highlighted double-digit economic growth and
during Chun's presidency.
The chief judge said: "Although Roh is guilty of similar
charges, we have to differentiate between a mastermind and a
follower and so give a 17 year prison sentence."
The court fined Chun $262 million and Roh $313 million for the
corruption charges.
Of the 14 former generals charged with Chun and Roh, 13 had
their jail sentences, ranging from four to 10 years, cut to
three-and-a-half to eight years. One had his not-guilty verdict
upheld by the court.
The prosecution and the two ex-heads of state can appeal the
new sentences at the Supreme Court. The two former presidents
have already spent a year in jail. They are held in different
Seoul prisons.