Crossing the Cho Kuk river again? Presidential pardon debate heats up

Chung Hyo-shik

The author is the social news editor at the JoongAng Ilbo.

Former Justice Minister Cho Kuk has reemerged in politics, publishing his prison-written book “Cho Kuk’s Study” on July 30, signaling a renewed push for political activity. Cho, who has been serving a two-year prison sentence since December 2024 for charges related to his children’s university admissions, argued that the 2019 prosecution scandal should be remembered as a “Cho Kuk hunt” rather than the “Cho Kuk incident.” He said he was contemplating “larger and broader politics” aimed at uprooting “insurrectionary forces” and achieving sweeping social reforms, though he added that “it is not yet time to speak of Cho Kuk’s future.” Any political comeback would require a presidential pardon and restoration of his civil rights.

The timing is notable. A movement within the ruling bloc has been building toward a Liberation Day special pardon for Cho. National Assembly Speaker Woo Won-shik visited him at the Seoul Southern Detention Center on July 9 for a special meeting. Woo’s office said the visit reflected their longstanding political ties and not a pardon agenda, but it fueled speculation that he may have been acting as an intermediary. Justice Minister Chung Sung-ho, who would formally recommend pardon candidates to President Lee Jae Myung, remarked during his July 16 confirmation hearing that the punishment imposed on Cho and his family seemed “disproportionate,” hinting at sympathy. Kim Eo-jun, a popular pro-government YouTuber, also expressed support by hosting former Justice Minister Park Sang-ki, who had submitted a petition for Cho’s pardon to the presidential office, emphasizing that “no family in our judicial history has been hunted like the Cho family.”

The push for clemency has been brewing since early June. Cho sent a public letter from prison on June 4, the day President Lee Jae Myung took office, saying, “As the former head of the Rebuilding Korea Party [often referred to as the Cho Kuk Innovation Party], I will offer whatever small support I can to ensure the success of the Lee administration." Civic groups even launched a Liberation Day special pardon campaign in his name, but it faltered without clear backing from the ruling bloc. Former Gyeonggi Vice Gov. Lee Hwa-young also joined the campaign, calling himself a victim of “judicial oppression by a prosecutorial dictatorship,” just days after receiving a prison sentence of seven years and eight months in the Ssangbangwool bribery and North Korea remittance case.

Cho is not scheduled for release until Dec. 15, 2026, and his eligibility to run for office would remain suspended for five additional years under current law. A special pardon with restoration of civil rights, however, would allow him to return to politics immediately. This prospect has divided the ruling camp, as his potential candidacy — especially for the Seoul mayoral race next year — could significantly reshape the political landscape. Some insiders argue the timing is premature.

The issue places President Lee on a political and constitutional tightrope. The presidential pardon, a vestige of monarchical grace now enshrined as an executive privilege, must balance the will of Cho’s supporters against broader public sentiment and the government’s immediate policy agenda. Critics of Korea’s virtually unlimited pardon system argue that it undermines the judiciary by nullifying court decisions, even for defendants still on trial. Granting clemency to Cho risks reviving the political and social polarization of 2019, effectively attempting to “cross the Cho Kuk River” once again, six years after President Lee publicly apologized during his presidential campaign for the erosion of fairness tied to the scandal.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.