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Samsung chief is acquitted of financial crimes related to 2015 merger
Top Court Watch |
2024/02/05 11:26
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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. |
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Pita Limjaroenrat: Thailand court to decide if politician will lose his seat
Top Court Watch |
2024/01/24 09:28
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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. |
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Fueled by border crossings, a record 3 million cases clog US immigration courts
Top Court Watch |
2024/01/15 15:09
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Eight months after crossing the Rio Grande into the United States, a couple in their 20s sat in an immigration court in Miami with their three young children. Through an interpreter, they asked a judge to give them more time to find an attorney to file for asylum and not be deported back to Honduras, where gangs threatened them.
Judge Christina Martyak agreed to a three-month extension, referred Aarón Rodriguéz and Cindy Baneza to free legal aid provided by the Catholic Archdiocese of Miami in the same courthouse — and their case remains one of the unprecedented 3 million currently pending in immigration courts around the United States.
Fueled by record-breaking increases in migrants who seek asylum after being apprehended for crossing the border illegally, the court backlog has grown by more than 1 million over the last fiscal year and it’s now triple what it was in 2019, according to government data compiled by Syracuse University’s Transactional Records Access Clearinghouse.
Judges, attorneys and migrant advocates worry that’s rendering an already strained system unworkable, as it often takes several years to grant asylum-seekers a new stable life and to deport those with no right to remain in the country.
“Sometimes hope already sinks,” said Mayra Cruz after her case was also granted an extension by Martyak because the Peruvian migrant doesn’t have an attorney.
“But here I’ve felt a bit safer,” added Cruz, who said she had to flee with only the clothes on her back with her partner and their children after repeated threats from gangs.
About 261,000 cases of migrants placed in removal proceedings are pending in the Miami court — the largest docket in the country. That’s about the same as were pending nationwide a dozen years ago, said Syracuse University professor Austin Kocher.
The backlog includes migrants who have been in the United States for decades and were apprehended on unrelated charges, but most are new asylum seekers who declare a fear of persecution if they are sent back, he added.
Backlogged courts, administered by the Justice Department, often get little attention in immigration debates, including in current Senate negotiations over the Biden administration’s $110 billion proposal that links aid for Ukraine and Israel to asylum and other border policy changes.
When migrants are apprehended by U.S. authorities at the border, many are released with a record of their detention and instructions to appear in court in the city where they are headed. That information is passed on from the Department of Homeland Security to the Justice Department, whose Executive Office for Immigration Review runs the courts, so that an initial hearing can be scheduled.
“They’re just being released without any idea of what comes next,” said Randy McGrorty, executive director of Catholic Legal Services for the Archdiocese of Miami, which has seen hundreds of thousands of migrants join its diaspora communities.
So many migrants go to them for advice that, in the last couple of years, they’ve largely switched to teaching how to self-petition and represent themselves before judges.
“We help them understand what judges want, and we help judges with efficiency and preserving fundamental rights,” said Miguel Mora, a Catholic Legal Services supervising attorney in Miami.
Advocates say that most migrants ask for individual legal representation, something that’s becoming increasingly rare given the huge numbers, and how to get work permits, which migrants can apply for 150 days after filing their asylum application. |
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Britain cracks down on protests in threat to democratic norms
Top Court Watch |
2023/12/26 11:59
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For holding a sign outside a courthouse reminding jurors of their right to acquit defendants, a retiree faces up to two years in prison. For hanging a banner reading “Just Stop Oil” off a bridge, an engineer got a three-year prison sentence. Just for walking slowly down the street, scores of people have been arrested.
They are among hundreds of environmental activists arrested for peaceful demonstrations in the U.K., where tough new laws restrict the right to protest.
The Conservative government says the laws prevent extremist activists from hurting the economy and disrupting daily life. Critics say civil rights are being eroded without enough scrutiny from lawmakers or protection by the courts. They say the sweeping arrests of peaceful demonstrators, along with government officials labeling environmental activists extremists, mark a worrying departure for a liberal democracy.
“Legitimate protest is part of what makes any country a safe and civilized place to live,” said Jonathon Porritt, an ecologist and former director of Friends of the Earth, who joined a vigil outside London’s Central Criminal Court to protest the treatment of demonstrators.
“The government has made its intent very clear, which is basically to suppress what is legitimate, lawful protest and to use every conceivable mechanism at their disposal to do that.”
Britain is one of the world’s oldest democracies, home of the Magna Carta, a centuries-old Parliament and an independent judiciary. That democratic system is underpinned by an “unwritten constitution” — a set of laws, rules, conventions and judicial decisions accumulated over hundreds of years.
The effect of that patchwork is “we rely on self-restraint by governments,” said Andrew Blick, author of “Democratic Turbulence in the United Kingdom” and a political scientist at King’s College London. “You hope the people in power are going to behave themselves.”
But what if they don’t? During three turbulent and scandal-tarnished years in office, Boris Johnson pushed prime ministerial power to the limits. More recently, Prime Minister Rishi Sunak has asked Parliament to overrule the U.K. Supreme Court, which blocked a plan to send asylum-seekers to Rwanda.
Such actions have piled pressure on Britain’s democratic foundations. Critics say cracks have appeared.
As former Conservative justice minister David Lidington put it: “The ‘good chap’ theory of checks and balances has now been tested to destruction.” |
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Equal rights for same-sex couples approved by Thailand's Cabinet
Top Court Watch |
2023/11/22 09:31
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Thailand’s Cabinet on Tuesday approved an amendment to its civil code to allow same-sex marriage, with an expectation for the draft to be submitted to Parliament next month.
Karom Polpornklang, a deputy government spokesperson, said the amendment to the Civil and Commercial Code will change the words “men and women” and “husband and wife” to “individuals” and “marriage partners” for same-sex couples to be able to receive the same rights that heterosexual couples receive.
He said the law would guarantee the right to form a family in a relationship between same-sex couples, adding that the next step will be an amendment to the pension fund law to recognize same-sex couples as well.
Prime Minister Srettha Thavisin told reporters that the draft law is expected to be proposed to Parliament on Dec. 12. If it becomes law after Parliament’s approval and King Maha Vajiralongkorn’s endorsement, Thailand will be the third place in Asia, after Taiwan and Nepal, to allow same-sex marriage.
While famous for being an LGBTQ+ friendly country, Thailand has struggled to pass a marriage equality law. Parliament last year debated several legal amendments to allow either marriage equality or civil unions, which do not grant same-sex couples all the same rights as heterosexual couples. All of the bills failed to be passed before the parliamentary session of the previous government ended.
The new government led by the Pheu Thai party, which took office in August, revived the attempt to pass a marriage equality bill, which it had promised during its election campaign. |
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