Will Chun Doo-hwan and Roh Tae-woo's slush funds be recovered? "Independent Forfeiture System" to be introduced next year

Chun Doo-hwan and Roh Tae-woo, who were arrested and prosecuted on charges of insurrection, murder for the purpose of insurrection, and bribery during the December 12 military coup and the May 18 democratization movement, appearing at a sentencing hearing held in Courtroom 417 of the Seoul District Court on August 26, 1996. Kyunghyang Shinmun file photo
The "Independent Forfeiture System," which allows for the confiscation and collection of criminal proceeds even when it is difficult to prosecute due to reasons such as the criminal's death or flight abroad, will be implemented starting next year. In particular, the issue of recovering the slush funds of former presidents Chun Doo-hwan and Roh Tae-woo has been cited as a case demonstrating the necessity of introducing the Independent Forfeiture System.
The Ministry of Justice announced on the 20th that an amendment to the "Act on Regulation and Punishment of Concealment of Criminal Proceeds," which centers on the introduction of the Independent Forfeiture System, has passed the plenary session of the National Assembly. The bill allows for a request to the court for confiscation or collection orders if the proceeds are confirmed to be criminal proceeds, even if prosecution by the prosecution is difficult due to the party's death, flight abroad, or unknown whereabouts.
The scope covers major crimes that infringe on public livelihood, such as voice phishing, illegal internet gambling, drug crimes, crimes related to child/adolescent sexual exploitation, and digital sex crimes, as well as crimes that destroy the constitutional order, such as insurrection, foreign aggression, rebellion, and activities aiding the enemy. The bill will take effect one year after its promulgation. The existing criminal proceeds confiscation system is predicated on the prosecution and conviction of the perpetrator, which has limited the recovery of criminal proceeds in cases where it is difficult to secure the perpetrator's custody or identify their identity.
With the introduction of the Independent Forfeiture System, a institutional foundation has been laid to enable the recovery of slush funds from New Military Group figures who came to power through the December 12 military coup, such as Chun Doo-hwan and Roh Tae-woo. While allegations of tens of billions of won in slush funds were revealed through the revelations of Chun's grandson, Chun Woo-won, and during the divorce proceedings of Roh's daughter, Roh So-young, recovery was difficult under current laws. Previously, in 1997, the Supreme Court recognized the charges that Chun Doo-hwan received bribes from large corporations and finalized a collection amount of 220.5 billion won. Additionally, during the Kim Young-sam administration's Real-Name Financial Transaction System, Chun Doo-hwan's illegal political funds held under borrowed names were identified as 950 billion won.
Minister of Justice Jeong Seong-ho stated, "Through the introduction of the Independent Forfeiture System, a legal foundation has been established to track down and thoroughly recover concealed criminal proceeds until the end. The Ministry of Justice will continue to refine the legal system for the recovery of criminal proceeds to do its best to protect citizens from crime and contribute to the recovery of damages."