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Samsung chief is acquitted of financial crimes related to 2015 merger
Court News | 2024/02/05 13:08
A South Korean court on Monday acquitted Samsung Electronics Chairman Lee Jae-yong of financial crimes involving a contentious merger between Samsung affiliates in 2015 that tightened his grip over South Korea’s biggest company.

The ruling by the Seoul Central District Court could ease the legal troubles surrounding the Samsung heir less than two years after he was pardoned of a separate conviction of bribery in a corruption scandal that helped topple a previous South Korean government.

The court said the prosecution failed to sufficiently prove the merger between Samsung C&T and Cheil Industries was unlawfully conducted with an aim to strengthen Lee’s control over Samsung Electronics.

The ruling was criticized by activists, progressive politicians and commentators, who questioned how Lee could be innocent of all charges when he had previously been convicted in the separate case of bribing a former president while seeking government support for the merger. The People’s Solidarity for Participatory Democracy, South Korea’s biggest civic group, said the court failed to display “even a minimal level of social justice” by putting Lee’s interests before those of shareholders and pensioners, whose retirement funds were possibly reduced by the deal, which was endorsed by the National Pension Service.

It described the ruling as a setback for years of efforts to reform the management culture of South Korea’s family-owned conglomerates and their cozy ties with the government. South Korean corporate leaders often receive relatively lenient punishments for corruption, business irregularities and other crimes, with judges often citing concerns over the country’s economy.

Prosecutors had sought a five-year jail term for Lee, who was accused of stock price manipulation and accounting fraud. It wasn’t immediately clear whether they would appeal. Lee denied wrongdoing in the current case, describing the 2015 merger as “normal business activity.”

Lee, 55, did not answer questions from reporters as he left the court. You Jin Kim, Lee’s lawyer, praised the ruling, saying it confirmed that the merger was legal.

Lee, a third-generation corporate heir who was officially appointed chairman of Samsung Electronics in October 2022, has led the Samsung group of companies since 2014, when his late father, former chairman Lee Kun-hee, suffered a heart attack.

Lee Jae-yong served 18 months in prison after being convicted in 2017 over separate bribery charges related to the 2015 deal. He was originally sentenced to five years in prison for offering 8.6 billion won ($6.4 million) worth of bribes to then-President Park Geun-hye and her close confidante to win government support for the 2015 merger, which was key to strengthening his control over the Samsung business empire and solidifying the father-to-son leadership succession.

Park and her confidante were also convicted in the scandal, and enraged South Koreans staged massive protests for months demanding an end to shady ties between business and politics. The demonstrations eventually led to Park’s ouster from office.

Lee was released on parole in 2021 and pardoned by South Korean President Yoon Suk Yeol in August 2022, in moves that extended a history of leniency toward major white-collar crime in South Korea and preferential treatment for convicted tycoons.

Some shareholders had opposed the 2015 merger, saying it unfairly benefited the Lee family while hurting minority shareholders.


Man sentenced to death for arson attack at Japanese anime studio that killed 36
Court News | 2024/01/26 16:14
A Japanese court sentenced a man to death after finding him guilty of murder and other crimes Thursday for carrying out an arson attack on an anime studio in Kyoto that killed 36 people.

The Kyoto District Court said it found the defendant, Shinji Aoba, mentally capable to face punishment for his crimes and announced the sentence of capital punishment after a recess in a two-part session on Thursday.

Aoba stormed into Kyoto Animation’s No. 1 studio on July 18, 2019, and set it on fire. Many of the victims were believed to have died of carbon monoxide poisoning. More than 30 other people were badly burned or injured.

Judge Keisuke Masuda said Aoba had wanted to be a novelist but was unsuccessful and so he sought revenge, thinking that Kyoto Animation had stolen novels he submitted as part of a company contest, according to NHK national television.

NHK also reported that Aoba, who was out of work and struggling financially after repeatedly changing jobs, had plotted a separate attack on a train station north of Tokyo a month before the arson attack on the animation studio.

Aoba plotted the attacks after studying past criminal cases involving arson, the court said in the ruling, noting the process showed that Aoba had premeditated the crime and was mentally capable.

“The attack that instantly turned the studio into hell and took the precious lives of 36 people, caused them indescribable pain,” the judge said, according to NHK. During the trial, Aoba told the victims’ families that he was sorry, but he did not show sincere regret or face their sufferings fully, and there was little hope for correction, the ruling said.

Aoba, 45, was severely burned and was hospitalized for 10 months before his arrest in May 2020. He appeared in court in a wheelchair.

His defense lawyers argued he was mentally unfit to be held criminally responsible.

About 70 people were working inside the studio in southern Kyoto, Japan’s ancient capital, at the time of the attack. One of the survivors said he saw a black cloud rising from downstairs, then scorching heat came and he jumped from a window of the three-story building gasping for air.

The company, founded in 1981 and better known as KyoAni, made a mega-hit anime series about high school girls, and the studio trained aspirants to the craft.

Japanese media have described Aoba as being thought of as a troublemaker who repeatedly changed contract jobs and apartments and quarreled with neighbors. The fire was Japan’s deadliest since 2001, when a blaze in Tokyo’s congested Kabukicho entertainment district killed 44 people.

Chief Cabinet Secretary Yoshimasa Hayashi said the Kyoto Animation attack was “a highly tragic case” and that the government has since stepped up restrictions on gasoline sales, including mandatory identification checks of purchasers. Hayashi, however, declined to comment on the death penalty ruling.


Pita Limjaroenrat: Thailand court to decide if politician will lose his seat
Court News | 2024/01/20 10:34
Thailand’s Constitutional Court is set to decide Wednesday whether popular politician Pita Limjaroenrat, who was blocked from becoming prime minister, should now lose his seat in Parliament.

The election victory last year by Pita’s progressive Move Forward party reflected a surprisingly strong mandate for change among Thai voters after nearly a decade of military-controlled government. But the party was denied power by members of the unelected and more conservative Senate.

Pita was suspended from his lawmaking duties pending the court ruling Wednesday on whether he violated election law due to his ownership of shares in ITV, a company that is the inactive operator of a defunct independent television station. By law, candidates are prohibited from owning shares in any media company when they are registered to contest an election.

The Senate, whose members are appointed by the military, cast votes to choose a prime minister, under a constitution that was adopted in 2017 under a military government. The Move Forward party now heads the opposition in Parliament.


The top UN court is set to hear South Africa’s allegation of Israeli genocide in Gaza
Court News | 2024/01/12 13:35
A legal battle over whether Israel’s war against Hamas in Gaza amounts to genocide opens Thursday at the United Nations’ top court with preliminary hearings into South Africa’s call for judges to order an immediate suspension of Israel’s military actions. Israel stringently denies the genocide allegation.

The case, that is likely to take years to resolve, strikes at the heart of Israel’s national identity as a Jewish state created in the aftermath of the Nazi genocide in the Holocaust. It also involves South Africa’s identity: Its ruling African National Congress party has long compared Israel’s policies in Gaza and the West Bank to its own history under the apartheid regime of white minority rule, which restricted most Blacks to “homelands” before ending in 1994.

Israel normally considers U.N. and international tribunals unfair and biased. But it is sending a strong legal team to the International Court of Justice to defend its military operation launched in the aftermath of the Oct. 7 attacks by Hamas.

“I think they have come because they want to be exonerated and think they can successfully resist the accusation of genocide,” said Juliette McIntyre, an expert on international law at the University of South Australia.

In a statement after the case was filed, the Palestinian Authority’s foreign ministry urged the court to “immediately take action to protect the Palestinian people and call on Israel, the occupying power, to halt its onslaught against the Palestinian people, in order to ensure an objective legal resolution.”

Two days of preliminary hearings at the International Court of Justice begin with lawyers for South Africa explaining to judges why the country has accused Israel of “acts and omissions” that are “genocidal in character” in the Gaza war and has called for an immediate halt to Israel’s military actions.

Thursday’s opening hearing is focused on South Africa’s request for the court to impose binding interim orders including that Israel halt its military campaign. A decision will likely take weeks.

Israel’s offensive has killed more than 23,200 Palestinians in Gaza, according to the Health Ministry in Hamas-run Gaza. About two-thirds of the dead are women and children, health officials say. The death toll does not distinguish between combatants and civilians.

In the Oct. 7 attack, in which Hamas overwhelmed Israel’s defenses and stormed through several communities, Palestinian militants killed some 1,200 people, mainly civilians. They abducted around 250 others, nearly half of whom have been released.


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