The Asian Transnational Corporation Monitoring Network (ATNC) expresses deep regret over the Korean government’s announcement that it has granted a special presidential pardon for Samsung’s ex-chairman Mr. Lee Kun-hee on December 31, 2009. This special amnesty came out just four months after Mr. Lee was convicted for tax evasion and illegal bond trading, done for the purpose of transferring the ownership of Samsung Group to his only son Mr. Lee Jae-Yong.

It is shameless of the Korean government to release the political statement that the pardon for Mr. Lee Kun-hee was absolutely necessary to retain his International Olympic Committee (IOC) membership and let him help with South Korea’s bid to host the 2018 Winter Olympic Games. The Korean government simply abused its executive power to grant amnesty for Mr. Lee, the de facto ownership holder of Samsung. The government’s decision again damaged principles of the rule of law as it is the first-ever special presidential amnesty in Korean history given to a specific person alone. It is worthwhile to note that presidential pardons are often granted in Korea to convicted big businessmen – so-called “chaebols” – with the excuse of their role in the nation’s economic development.

The ATNC Network has marked Samsung as one of the most notorious transnational corporations violating the workers’ rights to association and collective action in Korea as well as in Asian region. It has kept an eye on Samsung’s activities in Asia and published a monitoring research report on Samsung in 2006, revealing its abuse of workers’ rights. During its annual meeting held in Bangkok in November 2009, the ATNC also invited Mr. Kim Seong-hwan, the representative of Samsung General Labour Union, and highlighted the Samsung’s ‘no union’ policy and the condition of workers who have gotten leukemia as an occupational illness at Samsung´s factories. It is alleged that about 22 workers at the Samsung have gotten leukemia and 11 died from it, as of September 2009. Mr. Kim has been jailed many times, accused by Samsung under the charges of ‘dishonoring’ Samsung and ‘intervention’ of Samsung affairs. At the meeting, the ATNC made a resolution to actively respond to labour issues relating to Samsung Group.

Samsung’s ex-chairman Lee Kun-hee is notorious for denying the three basic labour rights – the right to association, collective bargaining and collective action – pursuant to Constitution, and oppressing workers by unlawful means. It is quite doubtful that international community will support South Korea’s hosting of Winter Olympic Games when the government grants a pardon to a person like Mr. Lee, who has violated international labour rights standards and is responsible for various economic crimes, on the pretext of winning its bid to host the Olympic Games. At least, workers in Asian region vividly know Samsung’s oppression of workers and will never accept the Korean government’s move for Mr. Lee. Maintaining the policy prohibiting multiple unions in companies, the Korean government has not yet ratified some core ILO conventions.

In Korea, multiple unions have not been allowed till now allegedly due to Samsung’s obstruction. Meanwhile, the Korean government says that it gave a pardon to Mr. Lee Kun-hee based on ‘national interests’. However, the good way to uphold genuine ‘national interests’ for the Korean government is not to host the Winter Olympic Games by unjustly granting amnesty to Mr. Lee Kun-hee who is responsible for multiple economic crimes. Instead, the government should give priority to ratifying ILO Convention 87 and 98, the core labour dimensions concerning freedom of association and collective bargaining. This will be a much powerful and just way to uphold ‘national interest’ and prove South Korea’s intention to be a good member of international community.

South Korea is well known to workers in the Asian region for its great achievement of democracy and economic development. The core of democracy is fair and transparent implementation of law. Economic development becomes meaningful only when workers are enabled to exercise their just rights. The Korean government’s decision to pardon Mr. Lee Kun-hee will seriously derogate the modern democratic system of Korea, which has been achieved through the long and arduous struggle of Korean people. This move will also not be any help at all to the government nor to Samsung Group.

Many Korean workers are in jail now because they expressed their objection to the government’s labor policies and exercised their right to strike. Those workers deserve to receive amnesty by the government, not Mr. Lee Kun-hee. The Korean government should seriously reconsider what it needs to gain the respect and trust of the people in Asia.

Asian Transnational Corporation Monitoring Network (ATNC) is taken part in by 16 trade unions, labor and civic groups from 12 Asian countries (website: http://www.atnc.org). The Network has been set up in 2002 in order to collectively respond to human rights abuses committed by transnational corporations in Asian region. In Korea, Korean Confederation of Trade Unions (KCTU) and Korean House for International Solidarity (KHIS) take part in the ATNC.