Can Hyundai’s Chung Stay Out of Jail?
The automaker’s embattled CEO admits his offenses and asks for mercy, but even if he serves not at all prison time his woes are farther from over
by Moon Ihlwan
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The legal woes of Hyundai Motor chair Chung Mong Koo regular aren’t going from home. Less than two weeks before the Seoul High Court is due to prevail on on state prosecutors’ demand that the head of Korea’s largest automaker subsist jailed for six years, shareholder activists on May 21 sued him, accusing him of causing damage totaling hundreds of millions of dollars to the company through irregular transactions he approved. "We hope this prosecution will restore Hyundai Motor…establish a that may be seen through and accountable governance combination of parts to form a whole," says a narrative by the agency of the Solidarity for Economic Reform (SER), a shareholder activist group that filed the suit.
Chung, 70, has already been found guilty of embezzlement and breach of fiduciary trust (BusinessWeek.com, 2/5/07). Yet the appeals court has been reviewing Chung’s case after the Supreme Court of Korea last month threw out the pendulous three-year jail period it handed into disrepute last September, expression its community service order was unlawful. The Supreme Court pointed out that a community reverence order should intertwist physical activities, while the appeals civilities merely required Chung to keep his ground to donate $805 million to unspecified goodwill organizations, write essays for local daily newspapers, and deliver public speeches about law-abiding management. The new High Court governing is set for June 3.
Asking for LeniencyChung and his lawyers know well that Korea’s courts usually accord. convicted executives preferential treatment. Of the 149 executives indicted for peculation or breach of firm trust between January, 2000, and June, 2007, 84% ended up by a suspended sentence and avoided serving time behind bars, according to SER.
Now Chung is pleading for a similar handling. "I receive all the charges and I am repenting," he said in his final testimony at a May 20 hearing in the Seoul homage. "If leniency is granted with a pendulous sentence, I won’t spare any effort to cement my company’s standing considered in the state of a strong global automaker." Chung also pledged to keep his donation promise.
Few Koreans expect Chung to serve house of correction time. Yet even if he returns to his secret place duty to micromanage his company (BusinessWeek.com, 3/6/08) as he has done since he took the rule in 1999, his lawful woes are limit to continue. "Most probably Chung Mong Koo pleasure walk free out of this trial," says Hansung University economist Kim Sang Jo, leader of SER, "but we’ll continue to turn up the heat on Hyundai and other companies to clean up their acts."
Cleaning Up the Chaebol?There’s no question public pressure is building in Korea for ending abuses by the chaebol —family-controlled conglomerates that have dominated the country’s economy since the 1970s. Last month Chairman Lee Kun Hee of Samsung Group, the country’s largest chaebol, resigned days after being indicted by specific prosecutors for tax evading. and breach of trust (BusinessWeek.com, 4/22/08). According to corporate governance quick Lim Youngjae at Korea Development Institute, a government-funded think tank, Korea has taken such essential steps as introducing stringent account standards, appointing independent members to the boards, and bringing class actions in the above decade. "In another five years, I’m optimistic that we’ll see some tangible improvements," he says.
Even the country’s conservative legal officers are taking heed. A day before SER initiated its legal action in equalization of Chung, state prosecutors made a of recent origin attempt to jail the Hyundai boss.
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