Unprecedented '4-Week Judicial Gap'... High Court Implements Remote Video Trials

2-Week Recess Ends on the 6th
"Extension of Recess by Regional Situation Under Review"
Supreme Court Extends Recess for 2 More Weeks from 9th to 20th

Trial Schedule Decided at Presiding Judge's Discretion
Jeong Gyeong-sim's 5th Trial Set for the 11th
Important Detention Cases Proceed Flexibly

[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] The two-week temporary recess period ordered by courts nationwide is extended by another two weeks due to the spread of the novel coronavirus infection (COVID-19). It is unprecedented for the courts to have a four-week recess. As a countermeasure, the courts have made mask-wearing mandatory for everyone entering the courtroom, while also promoting the implementation of remote video trials.

According to the courts on the 4th, the temporary recess period, which began on the 24th of last month and was scheduled to end on the 6th, will be extended by two more weeks. Kim In-gyeom, Deputy Director of the Supreme Court's Court Administration Office, informed the nationwide community of court chiefs the day before, saying, "Please actively consider extending the recess period depending on the situation in each region." Accordingly, most courts nationwide, including the Seoul Central District Court, recommended the trial divisions to operate trials in a manner equivalent to a recess for two more weeks from the 9th to the 20th. Except for urgent cases such as warrant issuance and criminal trials with imminent detention deadlines, trials will be avoided as much as possible.

The courts introduced the recess system in 2006 and have recess periods every summer (July to August) and winter (January to February). Although the timing and duration vary slightly by court, trials generally do not take place for about two weeks. Apart from these periods, there has never been a case where the courts entered a recess. Even during the Middle East Respiratory Syndrome (MERS) outbreak in 2015, no separate recess period was set as the number of confirmed cases was low. A current judge at a district court said, "I have been a judge for nearly 20 years, but a four-week recess is unheard of."

However, not all trials stop. According to the principle of judicial independence, only the presiding judge can decide on changes to trial dates or recess status. Based on the presiding judge's discretion, important detention cases can be flexibly conducted. In fact, on the day the Court Administration Office recommended the recess, the 25-2 Criminal Division of the Seoul Central District Court (Presiding Judge Lim Jeong-yeop) scheduled the 5th trial date for Professor Jeong Kyung-shim of Dongyang University on charges of violating the Capital Markets Act for the 11th. On the 26th of last month, the 11th Criminal Division of the Seoul Eastern District Court (Presiding Judge Son Joo-cheol) also proceeded with the first trial of former Busan Deputy Mayor Yoo Jae-soo on charges including bribery despite the recess period. However, the trial division required all judges, prosecutors, lawyers, and defendants participating in the trial to wear masks to prevent COVID-19, and only allowed spectators wearing masks to attend.

[Image source=Yonhap News]

However, for non-detained cases where even the pretrial preparation hearing has not been held, the commencement of trials has become uncertain. Examples include the cases of former Minister of Justice Cho Kuk involving admission fraud and the 13 cases including Ulsan Mayor Song Cheol-ho, who was indicted on allegations of White House-directed investigations and election interference. These cases are not included among urgent cases regardless of the statute of limitations or detention period expiration.

Meanwhile, the Seoul High Court decided to implement remote video trials as a COVID-19 response measure on the same day. The Civil Division 5 of the court (Presiding Judge Kim Hyung-doo) will conduct a pilot trial at 2 p.m. during the preparatory procedure for a lawsuit demanding the return of collateral. Under the current Civil Procedure Rules, if the parties to the lawsuit agree, the preparatory procedure can be conducted via audio (video) transmission. The parties install the court's internal video conferencing application, and the trial division opens a room at the scheduled time, allowing both sides to connect and conduct the trial in this manner.

This content was produced with the assistance of AI translation services.