Seoul Court Reopens Detention Trial

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Court Reopens Detention Trial for Former Defense Minister's Attorneys

The Seoul Central District Court has decided to reopen the detention trial for the defense attorneys of former Defense Minister Kim Yong-hyun. These attorneys were released on the day their detention was scheduled to be executed, following a detention order related to court disruption.

On the 24th, during the trial of former Prime Minister Han Duck-soo’s insurrection aiding charges at the Seoul Central District Court’s Criminal Division 33 (Presiding Judge Lee Jin-kwan), Judge Lee stated, “Regarding the detention trial held on the previous date, the detention decision will be executed as planned. We will confirm the attorneys’ personal information in accordance with legal procedures and execute it in line with the conditions required by the detention center.”

Earlier, on the 19th, during the former prime minister’s trial, Lee Ha-sang and Kwon Woo-hyun, attorneys for former Minister Kim, requested permission for Kim—who was testifying as a witness—to sit with a trusted person, such as a defense attorney, under the Criminal Procedure Act. However, Judge Lee denied the request, stating, “Former Minister Kim is not a crime victim.” The two attorneys were subsequently expelled after attempting to speak from the audience.

Separate Detention Trial for Attorneys

The court held a separate detention trial for the two attorneys the same day and sentenced them to 15 days of detention. However, as the attorneys refused to provide their names and resident registration numbers, the court sent the detention execution order to Seoul Detention Center without properly recording their personal details. When the center requested corrections, citing insufficient information, the court responded, “There is no way to verify further,” and released the attorneys that night.

Judge Lee revealed that during the closed detention trial, the attorneys openly criticized the court. He stated, “During the detention interrogation, there were acts of contempt of court. One attorney, identified as Kwon, said to the court, ‘Are you trying to do this?’ and ‘Let’s see at the Corruption Investigation Office for High-ranking Officials.’” The judge added that these remarks constituted separate violations of court order and contempt, warranting another detention trial.

Institutional Improvements Needed

Regarding the detention center’s inability to execute the order due to missing personal information, Judge Lee noted the need for institutional improvements. He said, “Criminal procedures are designed to proceed even if a suspect exercises their right to remain silent, but requiring names and resident registration numbers for execution should be reviewed for appropriateness.”

He emphasized, “Maintaining court order is the court’s duty, and we will exercise all necessary authority. If similar situations recur, we will arrest offenders on the spot as current offenders and hand them over to the police for criminal proceedings.”

Defense Team Files Complaint Against Judge

Amid this, the defense team for former Minister Kim announced on the morning of the same day that they had filed a complaint with the Corruption Investigation Office for High-ranking Officials against Judge Lee for alleged abuse of power. In a statement, the team claimed, “Ordering attorneys to leave court for reasons not stipulated by law and punishing their objections with detention is arbitrary violence and a clear abuse of authority.”

Key Points Summary

  • The Seoul Central District Court has reopened the detention trial for the defense attorneys of former Defense Minister Kim Yong-hyun.
  • The attorneys were released on the day their detention was scheduled to be executed.
  • During the trial, Judge Lee stated that the detention decision would be executed as planned.
  • The attorneys requested permission for Kim to sit with a trusted person, but the request was denied.
  • The court held a separate detention trial for the attorneys and sentenced them to 15 days of detention.
  • The attorneys refused to provide their personal information, leading to the release of the attorneys.
  • Judge Lee mentioned that the attorneys openly criticized the court during the detention trial.
  • The court acknowledged the need for institutional improvements regarding the execution of detention orders.
  • The defense team filed a complaint against Judge Lee for alleged abuse of power.

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