[Exclusive] Kim Bong-hyun's Request to Recuse Trial Panel Dismissed on Appeal... Returns to Court After 100 Days

Seoul High Court "The Presiding Panel Has Already Been Replaced"
Trial Resumes After 99 Days Since December 4
Trial Related to 'Prosecutor's Alcohol Entertainment' Also Starts on the 11th

[Image source=Yonhap News]

[Asia Economy Reporter Yoo Byung-don] Former Star Mobility Chairman Kim Bong-hyun, identified as a key figure in the Lime Asset Management (Lime) scandal that caused damage worth about 1.6 trillion won, will stand trial again after about 100 days. This follows the dismissal of his appeal against the rejection of his request to disqualify the presiding judges.

The Criminal Division 20 of the Seoul High Court (Chief Judge Jeon Dae-yeop) dismissed Kim’s appeal against the decision rejecting his request to disqualify the judges on the 9th. A dismissal means that if a lawsuit or application does not meet the requirements, the claim itself is not judged and the trial procedure is ended.

The court stated, “The judges subject to the disqualification request no longer handle the substantive case due to changes in the division of duties,” and “Therefore, the appellant’s request for disqualification has no benefit and is deemed improper.”

As explained by the court, the panel handling Kim’s trial was replaced last month. Chief Judge Shin Hyuk-jae moved to the Seoul Central District Court, and the Criminal Division 13 of the Seoul Southern District Court is now presided over by Chief Judge Lee Sang-ju.

Accordingly, the trial on charges including violations of the Act on the Aggravated Punishment of Specific Economic Crimes, which had been postponed several times, will resume on the 12th. This trial had not been held for 99 days since December 4 last year due to the impact of COVID-19 and Kim’s request to disqualify the judges.

Previously, on December 10, Kim had filed a request to disqualify the Criminal Division 13 of the Seoul Southern District Court, citing concerns over unfair trial. His grounds included ▲unreasonable trial dates set amid difficulties in visitation due to COVID-19 ▲splitting of charges for warrant issuance ▲denial of bail despite no flight risk.

However, the panel reviewing the disqualification request rejected it, stating, “When COVID-19 spread in the detention center, measures were taken to change the trial dates,” and “the trial dates were set after sufficiently considering the defendant’s position by asking about the expected duration of cross-examination.” Kim disagreed with this ruling and appealed the dismissal to the Seoul High Court on January 8.

Meanwhile, separate from the resumption of this trial, Kim is expected to appear in court a day earlier. Judge Park Ye-ji of the Criminal Division 7 of the Seoul Southern District Court will hold the first trial session on the 11th at 10 a.m. for charges against prosecutor Na Mo, lawyer Lee Mo (a former prosecutor), and Kim for violating the Improper Solicitation and Graft Act (the Anti-Graft Act).

This case, filed with the court in December last year, was originally scheduled to start in January but was postponed once at the defense’s request. On that day, the court will hear the prosecution’s and defense’s opinions on the Anti-Graft Act charges, organize the issues, and plan the evidence investigation. Since attendance is mandatory, all three defendants must appear in court.

The prosecution alleges that Kim and lawyer Lee colluded to provide prosecutor Na with alcohol and entertainment worth over 1 million won. The Anti-Graft Act punishes receiving over 1 million won at once regardless of whether it is a bribe. It is known that Kim paid the alcohol bill at the time, and lawyer Lee introduced the prosecutor to Kim.

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