A Month Before the Greeting at the Court... "I Pronounce the Judgment" vs "I Change the Hearing Date"

Conflicting Directions in Trial and Litigation Management for Transferred Judges

[Asia Economy Reporter Seongpil Cho] "Because of this case, even though it is recess, a hearing date was set..."

On the afternoon of the 6th, at Seoul High Court courtroom 505, the judge opened with these words upon hearing that a witness scheduled for questioning did not appear. It was the continuation of the appeal trial of Cho Beom-dong, the fifth cousin of former Minister of Justice Cho Kuk. The presiding criminal division 11 of this court (Chief Judge Gu Ja-heon) had originally planned to conclude the arguments with the questioning on this day. However, since Cho’s side did not withdraw the witness request, the court decided to continue the hearing once more on the 15th. Presiding Judge Gu said, "There is a possibility of personnel changes in the court," and added, "If the witness does not appear at the next hearing, we will conclude the case."

With the regular judicial personnel reshuffle scheduled for early next month, the management of trials and litigation by major case courts is sharply divided. While some courts hold hearings even during recess to wrap up cases before the reshuffle, others appear to be preparing to hand over the baton to newly appointed judges. Considering that about a month remains until the reshuffle, many courts are reportedly adjusting the pace of their proceedings accordingly.

Seoul Central District Court

Must Finish Before Personnel Changes

The Seoul High Court Criminal Division 11, which is handling Cho’s case, is considered one of the courts aiming to conclude cases before personnel changes. Although they decided to hold one more hearing the day before to guarantee Cho’s right to defense, it is expected that the court will proceed to the final arguments on the 15th. Typically, about a month is required from the final arguments to the sentencing. However, the court cannot rule out the possibility of delivering the sentence within this month. A lawyer in Seocho-dong said, "If the judgment document has already begun to be written, it does not take much time until the sentencing hearing," adding, "Sentencing within a month is possible."

The Seoul High Court Criminal Division 1 (Chief Judge Jeong Jun-young), which handled the retrial of Samsung Electronics Vice Chairman Lee Jae-yong’s state power abuse case, is in a similar situation. A sentencing hearing for Vice Chairman Lee is scheduled for the 18th. It is said that the court rejected a written opinion submitted by Lee’s side before the final arguments on the 30th of last month. In legal circles, there was talk that "the court unusually rejected the opinion because it considered that rejecting it was necessary to conclude the trial." Presiding Judge Jeong Jun-young is classified as a candidate for transfer in this personnel reshuffle.

Seoul Administrative Court

Successor Court Should Handle the Trial

The Seoul Central District Court Criminal Division 21 (Chief Judge Kim Mi-ri) postponed the trial of the Blue House’s alleged interference in the Ulsan mayoral election case last month to this month. This month, the preparatory hearing scheduled for the 25th was again changed to an estimated date. Inside and outside the court, there is talk that "it seems to be conscious of the personnel reshuffle." Presiding Judge Kim Mi-ri is likely to be transferred in this reshuffle as she has completed her three-year term. She is also handling the case involving allegations of family corruption and suppression of investigation related to former Minister Cho Kuk. She has concluded the arguments on the suppression of investigation allegations and has been adjusting the pace of the trial on the family corruption part.

Chief Judge Hong Soon-wook of the Seoul Administrative Court Administrative Division 12, who is handling the disciplinary cancellation lawsuit filed by Prosecutor General Yoon Seok-youl, is also subject to personnel transfer after three years of service. Last month, he granted the suspension of the two-month suspension order against Prosecutor General Yoon, but it seems difficult to reach a conclusion on the main disciplinary cancellation lawsuit. The first hearing date for the main lawsuit has not yet been set. Considering the post-recess spread of COVID-19 and personnel changes, the trial schedule is expected to be announced accordingly.

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