High Court Chief Judge Refuses to Testify... "Investigation into Abuse of Judicial Administrative Power Is Illegal"

[Asia Economy Reporter Baek Kyunghwan] A high-ranking judge who appeared as a witness in the trial of former Chief Justice Yang Seung-tae refused to testify, claiming that the prosecution's investigation into the 'abuse of judicial administrative power' was illegal.

On the 7th, at the continued trial of former Chief Justice Yang held before the Criminal Division 35 of the Seoul Central District Court (Presiding Judge Park Namcheon), Kim Si-cheol (55, 19th class), Chief Judge of the Seoul High Court, who appeared as a witness, stated, "I do not think it is appropriate to testify regarding the charges."

Kim argued that the emails seized by the prosecution concerning the charges were collected illegally and cannot be used as evidence of guilt. He stated, "Presenting illegally obtained materials or attempting to question a witness based on the contents of such materials is illegal." Previously, in October 2018, while the investigation into the abuse of judicial administrative power was ongoing, Kim publicly criticized the prosecution for seizing emails despite his objection that they were unrelated to the charges.

On this day, the prosecution opposed Kim's refusal to testify without legal grounds. The prosecution argued, "Under the Criminal Procedure Act, judges are not entitled to refuse testimony regarding secrets learned in the course of their duties," and raised an objection that "the court's guidance recognizing Kim's right to refuse testimony was inappropriate."

In response, the court requested partial testimony from Kim but acknowledged that regarding matters related to the trial, "refusal to testify is justified as it pertains to secrets under the Criminal Procedure Act."

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