Samsung chief cleared, but legal overreach fears persist

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Samsung chief cleared, but legal overreach fears persist

The nearly five-year legal battle that kept Samsung Electronics Executive Chairman Lee Jae-yong entangled in court over allegations of unfair trading, stock price manipulation, and accounting fraud in the 2015 merger of two Samsung affiliates—Cheil Industries Inc. and Samsung C&T Corp.—concluded on July 17 with the Supreme Court acquitting him of all charges.

The ruling has reignited criticism of what many in the business community describe as prosecutorial overreach, underscoring the urgent need to reform South Korea’s aggressive approach to indicting corporate leaders.

Although the case ended in a not-guilty verdict, Samsung bore the full weight of both tangible and intangible consequences throughout the proceedings.

With Lee required to appear in court approximately every two weeks, senior executives were forced to shift their focus from global competition to legal defense. “Few CEOs would dare propose bold, high-stakes business initiatives in front of the chairman who’s repeatedly tied up in court,” said a business official. “The increasingly risk-averse mood within Samsung—where the prevailing attitude is to maintain the status quo rather than pursue ambitious projects—is no coincidence.”

Major economic organizations, including the Korea Chamber of Commerce and Industry, the Korea Enterprises Federation, and the Korea Federation of SMEs, issued statements welcoming the ruling, expressing hope that it will yield a “positive impact on the broader South Korean economy.”

Still, some within the business sector argue the ruling does little to address the systemic problems at the heart of the case. “Chairman Lee has been acquitted, but South Korea’s judicial environment—one that fuels anti-business sentiment and enables excessive investigations and protracted trials—remains unchanged,” said a corporate insider. “The fear in the business world is that any company could be the next in line—another ‘Samsung’ caught in the same cycle.”

Lee’s 102 court appearances over the past four years coincided with the rapid rise of the artificial intelligence revolution. The drawn-out investigation and persistent legal uncertainty cast a shadow over Samsung’s ability to make decisive moves in critical areas such as the development of high-bandwidth memory (HBM) and mergers and acquisitions—both integral to its AI semiconductor strategy.

Observers say the legal entanglement took a measurable toll on Samsung’s global standing. The company has ceded its leadership in smartphones and DRAM chips to competitors. In terms of global shipments, Apple overtook Samsung as the leading smartphone maker last year. In the first quarter of this year, SK hynix surpassed Samsung in DRAM sales revenue. In the foundry sector—once considered a central pillar of Samsung’s future—the company has fallen further behind Taiwan Semiconductor Manufacturing Company (TSMC). The global market share gap between the two widened from 38% in 2021 to approximately 60% this year. Internally, Samsung no longer refers to maintaining an “overwhelming lead.” In foreign media, coverage of Lee has consistently been accompanied by reports of court proceedings, diminishing the company’s brand image.

South Korea’s judicial system continues to place business leaders in a precarious position, where standard managerial decisions may later expose them to criminal liability. One judge with experience in corporate litigation has publicly raised concerns over this dynamic.

In November of last year, Choi Kyung-seo, a presiding judge at the Seoul Central District Court, acquitted Kolon Group Honorary Chairman Lee Woong-yeul in a trial over allegations of fabricating data during the development of Invossa, a cell and gene therapy for osteoarthritis. Lee had spent five years under investigation and on trial. “If the final judgment by this court and the Supreme Court is the same—as it appears to be in this case—it raises serious questions about the purpose of a trial that consumed massive public resources over several years,” Choi said. “We must reflect deeply on the judicial control over scientific and technical matters.”

Foreign business leaders have also pointed to South Korea’s high legal exposure for executives as a factor undermining the country’s global competitiveness. In a recent interview with The Chosun Ilbo, James Kim, chairman and chief executive officer of the American Chamber of Commerce in Korea, said, “South Korea imposes unusually harsh criminal penalties on CEOs.” He suggested the country shift its focus toward prevention rather than punishment, and that narrowing the scope of criminal liability would help enhance the competitiveness of South Korean companies. He added that the fear of imprisonment deters foreign CEOs from relocating to South Korea—a factor that ultimately discourages foreign direct investment and functions as a form of “non-tariff barrier.”



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