Cho Kuk, Jung Kyung-shim Trial Witness Adoption... "Human Rights Violation" Objection Dismissed

Former Minister of Justice Cho Kuk / Photo by Jinhyung Kang aymsdream@

[Asia Economy Reporter Seongpil Jo] Former Minister of Justice Cho Kuk will be summoned as a witness in the trial of his wife, Professor Jeong Gyeong-sim of Dongyang University.

The Seoul Central District Court Criminal Division 25-2 (Presiding Judge Lim Jeong-yeop) adopted former Minister Cho as a witness at the continuation trial of Professor Jeong, who was indicted on charges including admission fraud involving their children and private equity fund suspicions, on the 25th. The witness examination date is September 3.

The court stated, "Even witnesses who have the right to refuse to testify under the Criminal Procedure Act can be summoned if the necessity of examination is recognized," and added, "One cannot refuse to appear simply because they have the right to refuse to testify." Furthermore, "After reviewing the examination matters submitted by the prosecution regarding former Minister Cho, the necessity of examination concerning the charges is recognized," it added.

However, the court said it would limit the questions the prosecution can ask former Minister Cho to those related to the charges against Professor Jeong. The court said, "If questions like 'Gangnam building' are asked, the defense attorney may object," and added, "We will suggest excluding content classified as private life."

Professor Jeong’s side immediately opposed the court’s decision to adopt former Minister Cho as a witness by filing an objection. The defense argued, "Adopting former Minister Cho as a witness effectively nullifies the right to refuse testimony for relatives." They explained that although the right to refuse to testify is guaranteed, in reality, if testimony is refused, one faces a situation where political pressure and other factors effectively force testimony.

The defense also pointed out, "If former Minister Cho appears as a witness, he must respond to the examination with the concern that his statements could serve as evidence of his spouse’s guilt," adding, "There are considerable human rights infringement elements."

The court temporarily suspended the trial and entered into deliberation. It then dismissed the objection filed by Professor Jeong’s side.

The court stated, "Summoning former Minister Cho as a witness and exercising the right to refuse to testify after appearing in court are issues of different dimensions," and added, "It is naturally possible to summon for the discovery of substantive truth, and there are no court rules or practices that prohibit summoning one party when spouses are jointly indicted."

The court further said, "It is understood that former Minister Cho did not testify to the facts during the prosecution’s investigation," and added, "In this case, it is necessary for him to appear as a witness and rather testify to circumstances favorable to the defendant or the witness himself."

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