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Joo Rak's Pardon: The Ultimate Act of 'Favoring My Own Side'… Don't Hide Behind the Shield of Exclusive Authority

The Presidential Office's statement that "the power of pardon is the President's inherent authority" sounds nothing more than a political defense cloaked in legal logic. When the possibility of a special pardon for former Justice Minister Joo Rak emerged, Presidential Office spokesperson Kang Yoo-jung stated on July 27th, "There has been no discussion, but perhaps it could be inquired about later," leaving the door open. Simultaneously, the repeated use of the term "inherent authority" signaled an attempt to preempt all criticism.

However, just because an authority is guaranteed by the constitution as inherent does not mean it is beyond criticism. If that logic were applied, it would mean that citizens must remain silent even in the case of an unconstitutional martial law, as the President's power to declare martial law is also an inherent authority. Indeed, when evidence emerged in December of the previous year that former President Yoon Suk-yeol had considered imposing emergency martial law, the political sphere and civil society alike denounced it as a 'destruction of constitutional order.' Even inherent authorities are unconstitutional and illegal if they undermine constitutional values or are abused.

The power of pardon is no different. Article 79 of the Constitution grants the President the power of pardon but specifies that it must be exercised "in accordance with the provisions of law." This clause signifies that pardon is not an absolute presidential prerogative but a restrained power that must operate within the framework of the constitution and laws. Nevertheless, the fact that a pardon for former Minister Joo Rak is openly being discussed in some quarters of the ruling party directly undermines the legitimacy and public interest of the pardon power.

The issue at hand is Joo Rak's current situation. He was sentenced to two years in prison by the Supreme Court on December 12, 2024, and has been incarcerated at Seoul Detention Center since December 16th of the same month. His scheduled release date is December 15, 2026, meaning he has served approximately seven months to date. This is less than half of his total sentence (one year). According to the Pardon Review Committee and past criteria for special pardons, individuals who have served more than half of their sentence or who have completed their sentence and a certain period has passed are generally considered for pardons. Joo Rak meets neither of these conditions.

In other words, granting a special pardon to former Minister Joo Rak at this juncture directly violates the sentencing requirements for a pardon and is practically unavoidable from being criticized as a political reward or an act of "favoring my own side." As a presidential candidate, Lee Jae-myung strongly criticized the abuse of pardon power more than anyone else when he was in the opposition. He emphasized the principle of separation of powers, stating, "If the President can decide everything, including guilt or innocence and the execution of sentences, then it is a monarchy, not a republic." If his previous stance remains valid, then pardoning Joo Rak would be a direct contradiction of his own arguments.

Furthermore, the fact that the Speaker of the National Assembly visited him for a special prison meeting and that the Democratic Party is attempting to sway public opinion by framing him as a 'political scapegoat' makes it appear as an organized effort for a specific individual's pardon. This constitutes the strategic instrumentalization of the pardon power, wielding presidential authority for partisan gain rather than public interest. It is contrary to the principles of a republic.

The remarks made by Seo Eun-sook, a supreme council member of the Democratic Party, in the past, stating, "National leaders who commit crimes should be punished more severely," now come back to haunt her like a boomerang in the face of the current discussion for Joo Rak's pardon. The Democratic Party is now in a position where it must retract its own words.

A pardon is not a grace above the law. It is a restrained power guaranteed by the constitution and must be exercised based on criteria that the public can trust. A pardon for former Minister Joo Rak, at this point in time, does not meet any legal standards, nor does it satisfy fairness or public interest.

President Lee Jae-myung should not hide behind the shield of "inherent authority" but should face the spirit of the constitution and the common sense of the people. Otherwise, his entire administration will be recorded in history as a privileged group that reigns above the law.

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