The Supreme Court on Thursday confirmed a one-year prison term for Seoul's education chief Kwak No-hyun for bribery charges, stripping the disgraced liberal educator of his post.
The 58-year-old superintendent of the Seoul Metropolitan Office of Education was indicted last year on charges of paying 200 million won ($178,842) to a fellow liberal candidate to drop out of the election for Seoul's top education post in 2010.
After rival candidate Park Myoung-gee, a former professor at the Seoul National University of Education, withdrew a few days before the election day, Kwak won the seat by a narrow margin. Under the election law, the education chief loses his post if the top court hands down a punishment with a fine of over 1 million won or imprisonment.
With the top court's ruling, Kwak, who spent about four months in prison after the issuance of his arrest warrant in September last year, will have to serve the remaining eight months in custody.
He will also have to return about 3.52 billion won he received from the national election watchdog during his campaign.
In the same ruling, the top court upheld an imprisonment of one year and six months and a forfeit of 200 million won for Park.
A re-election for the post of chief will be held on Dec. 19, the same day as the presidential vote, according to the National Election Commission.
Kwak has continued to claim he is innocent, saying he was unaware of the exchange that took place between his aides and the rival candidate after the election was over.
Despite Kwak's claims the money given to Park by Kwak's aide was not payment for Park's withdrawal, a regional Seoul court in January fined him 30 million won for violating the election law. In April, a Seoul appellate court sentenced Kwak to a one-year prison term, saying the lower regional court's fine was too light.
Shortly after a local court's verdict in January, Kwak filed a petition with the Constitutional Court, arguing that the election law violates the Constitution by punishing any money-for-favor deal, even if it took place after a candidate's withdrawal without prior agreement.
Following Thursday's ruling, Kwak's lawyer expressed regrets.
"It is regrettable that the Supreme Court hurriedly delivered the verdict when the Constitutional Court is still reviewing the constitutionality (of the law that governs campaigning for public positions)," Kim Chil-joon told reporters.
As expected, the rival parties showed difference responses, with the ruling Saenuri Party welcoming the ruling as fair and just.
"Kwak deserved the Supreme Court's ruling," Rep. Shin Eui-jin, a Saenuri spokeswoman, said in a phone interview with Yonhap News Agency.
"The delay in the ruling has crippled the administrative work of the Seoul Metropolitan Office of Education and ultimately harmed students," Shin added.
The main opposition Democratic United Party, on the other hand, said that it is regrettable that the verdict was delivered before the Constitutional Court's ruling.
"The party respects the Supreme Court's decision," party spokesman Park Yong-jin said in a release. "However, it is regrettable that the verdict has deadlocked education reform efforts spearheaded by Kwak."
Kwak, who had showed up for work before the ruling, is slated to be jailed on Friday, according to an official of the Seoul Metropolitan Office of Education.
"Kwak is expected to hold a news conference in front of the Seoul Central District Prosecutors' Office in Seoul around 11:30 a.m. on Friday and go through the process to be imprisoned," the official said. (Yonhap)
The 58-year-old superintendent of the Seoul Metropolitan Office of Education was indicted last year on charges of paying 200 million won ($178,842) to a fellow liberal candidate to drop out of the election for Seoul's top education post in 2010.
After rival candidate Park Myoung-gee, a former professor at the Seoul National University of Education, withdrew a few days before the election day, Kwak won the seat by a narrow margin. Under the election law, the education chief loses his post if the top court hands down a punishment with a fine of over 1 million won or imprisonment.
With the top court's ruling, Kwak, who spent about four months in prison after the issuance of his arrest warrant in September last year, will have to serve the remaining eight months in custody.
He will also have to return about 3.52 billion won he received from the national election watchdog during his campaign.
In the same ruling, the top court upheld an imprisonment of one year and six months and a forfeit of 200 million won for Park.
A re-election for the post of chief will be held on Dec. 19, the same day as the presidential vote, according to the National Election Commission.
Kwak has continued to claim he is innocent, saying he was unaware of the exchange that took place between his aides and the rival candidate after the election was over.
Despite Kwak's claims the money given to Park by Kwak's aide was not payment for Park's withdrawal, a regional Seoul court in January fined him 30 million won for violating the election law. In April, a Seoul appellate court sentenced Kwak to a one-year prison term, saying the lower regional court's fine was too light.
Shortly after a local court's verdict in January, Kwak filed a petition with the Constitutional Court, arguing that the election law violates the Constitution by punishing any money-for-favor deal, even if it took place after a candidate's withdrawal without prior agreement.
Following Thursday's ruling, Kwak's lawyer expressed regrets.
"It is regrettable that the Supreme Court hurriedly delivered the verdict when the Constitutional Court is still reviewing the constitutionality (of the law that governs campaigning for public positions)," Kim Chil-joon told reporters.
As expected, the rival parties showed difference responses, with the ruling Saenuri Party welcoming the ruling as fair and just.
"Kwak deserved the Supreme Court's ruling," Rep. Shin Eui-jin, a Saenuri spokeswoman, said in a phone interview with Yonhap News Agency.
"The delay in the ruling has crippled the administrative work of the Seoul Metropolitan Office of Education and ultimately harmed students," Shin added.
The main opposition Democratic United Party, on the other hand, said that it is regrettable that the verdict was delivered before the Constitutional Court's ruling.
"The party respects the Supreme Court's decision," party spokesman Park Yong-jin said in a release. "However, it is regrettable that the verdict has deadlocked education reform efforts spearheaded by Kwak."
Kwak, who had showed up for work before the ruling, is slated to be jailed on Friday, according to an official of the Seoul Metropolitan Office of Education.
"Kwak is expected to hold a news conference in front of the Seoul Central District Prosecutors' Office in Seoul around 11:30 a.m. on Friday and go through the process to be imprisoned," the official said. (Yonhap)
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