'Legal corruption'
By Michael Bergmann
"Legal corruption" is a form of rent-seeking that is certainly not unique to Korea but can be spectacularly observed here. It can be distinguished from "illegal corruption" on the one side and "unlimited corruption" on the other.
An example of “unlimited corruption” is when the finance minister of a Pacific island country directly transfers $2 million from government coffers into his private account and doesn't even have to step down when he is caught. We mainly find this type of corruption in the developing world, or more correctly speaking, in that part of the world which is held back by corruption as a major obstacle to global development.
“Illegal corruption” occurs everywhere, as it is committed but also prosecuted like any common crime, with the only difference being that the perpetrators are people formally entrusted with power. “Legal corruption,” in comparison, is even more sinister and, though the economic damage caused by it is not totally unlimited, it is much more harmful to society.
I have written before about my experience with local power groups effectively ruling whole apartment complexes and commercial buildings through legal or pseudo-legal intimidation. So I look at the current Seongnam apartment development scandal with a special focus.
One detail has ― in the polarized political situation ― not received adequate attention. The generous salary list of a company whose owner has been arrested and whose business model now appears as a grand scheme, reads, in its "adviser" section, like a "who's who" of Korea's legal community, including several prominent ex-prosecutors and even a former Supreme Court Justice. A humble observer may wonder for what kind of advice one could receive a monthly 15-million-won share of the disgraced company's "profits."
One could favorably assume that these eminent advisers were in charge of ensuring a subtle difference between what was considered a legal scheme and illegal corruption. The question is, then, why couldn't they prevent the "criminal escalation?" Did the company owner not listen to their advice, which he paid for so well? Or could they not help him with their connections this time? Did the attempt by certain political forces to "find something" against a presidential candidate who might be less tolerant of such practices backfire in an unpredicted way?
There is an old Korean equivalent for "legal corruption," literally meaning "treating former officials politely," which dates back to the Joseon era and which, even the Moon Jae-in administration didn't dare to confront. The concept officially encourages ranking public figures to seek private compensation for their "service, experience and influence," after retirement.
I wish more outstanding legal experts would consider the dignity of law and justice instead, and honestly offer their advice on how safely to distinguish "legality" from organized crime.
Michael Bergmann (bergmann2473@yahoo.de) is a teacher in Seoul.