As Defendant and Witness... Jo Guk and Chung Kyung-shim Couple Stand Together in Court

Former Minister Cho Submits Witness Support Procedure Application, Uses Alternative Channel
Most Investigating Prosecutors Participate... Former Minister Cho Exercises 'Right to Refuse Testimony'

Professor Jung Kyung-shim of Dongyang University, who is accused of 'admission bribery and private equity fund' related charges, is heading to the courtroom to attend a trial held at the Seoul Central District Court in Seocho-gu on the morning of the 3rd.
[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] A QM3 vehicle registered under the name of former Minister of Justice Cho Kuk arrived at the Seoul Central District Court West Building in Seocho-dong, Seoul, at 9:40 a.m. on the 3rd. From the vehicle, Professor Jung Kyung-shim of Dongyang University, Cho's wife, got out. Cho Kuk was not present. This day was when the couple stood in the same courtroom. Professor Jung was the defendant, and Cho Kuk was a witness. There was interest in whether the couple would appear together in court. However, two days before the trial, Cho Kuk submitted a witness support procedure application, resulting in them using separate entrances. When submitting a witness support procedure application, it is possible to enter and exit the courtroom through a separate passageway, distinct from the general entrance used by the public, accompanied by a support officer.

The trial, presided over by the Criminal Division 25-2 of the Seoul Central District Court (Chief Judge Lim Jeong-yeop), began at 10 a.m. Professor Jung sat in the defendant's seat located to the left of the bench, while Cho Kuk took the witness stand directly in front of the bench. The distance between Cho Kuk and Professor Jung was about 4 to 5 meters. On the prosecution side, most of the prosecutors involved in the investigation, including Chief Prosecutor Ko Hyung-gon who came from Daegu, participated in the trial. It was truly an all-out effort. Deputy Chief Prosecutor Kang Baek-shin, who was recently demoted in the middle-ranking prosecutor personnel reshuffle and started working at the Tongyeong Branch from that day, also appeared in court.

Former Minister of Justice Cho Kuk, who appeared as a witness at the trial on the 3rd of Professor Jung Kyung-shim of Dongyang University, accused of 'admission corruption and private equity fund' related charges involving her children
[Photo by Yonhap News]

The decision to summon Cho Kuk as a witness was made on June 25. At that trial, the court determined that questioning Cho Kuk was necessary. Although the Criminal Procedure Act grants the right to refuse testimony against relatives, it does not allow refusal to appear when summoned. Professor Jung's side protested, claiming it was a 'human rights violation.' They argued that forcing testimony while knowing that their statements could be used as evidence of the spouse's guilt contains elements of human rights infringement. However, the court did not accept Professor Jung's argument and advised the prosecution not to conduct questioning that invades private life unrelated to the charges.

Following the court's advice, the prosecution planned to question Cho Kuk about key facts related to admission bribery and private equity fund charges. However, Cho Kuk exercised his right to refuse testimony while reading a self-prepared statement. He said, "The defendant in this courtroom is my spouse, and my child's name is also listed in the indictment, and I myself am also charged as an accomplice of my spouse and am undergoing trial." He added, "In this situation, I intend to exercise the right granted by Article 148 of the Criminal Procedure Act (the right to refuse testimony against relatives) regarding the prosecution's questioning conducted in this courtroom." After deliberation, the court briefly acknowledged the exercise of the right to refuse testimony but effectively did not accept Cho Kuk's claim and proceeded with the questioning. During the subsequent prosecution questioning, Cho Kuk refused to answer all questions, stating, "I will abide by Article 148 of the Criminal Procedure Act."

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