[Reporter’s Notebook] Defendant Using SNS and Indiscreet Public Disclosure of Indictment

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[Asia Economy Reporter Kim Hyung-min] The "extrajudicial defense" by Prosecutor Lee Gyu-won, who was indicted for illegally prohibiting the departure of former Vice Minister of Justice Kim Hak-ui, is heating up.

He wrote claims related to the trial and personal reflections on a Facebook account that had been created only a week ago. This started from the day when Seoul Central District Prosecutor Lee Seong-yoon was also brought to trial for the same case and the indictment was leaked, causing controversy. Prosecutor Lee is using SNS while being a defendant on trial. Considering the trial and public opinion that could turn unfavorable due to the indictment leak, SNS might have been a strategy he thought of. The indictment against Prosecutor Lee Seong-yoon also specifies some of the charges against Prosecutor Lee Gyu-won.

Besides Prosecutor Lee, it is common for defendants in major cases receiving national attention to be active on SNS. Former Minister of Justice Cho Kuk is a representative example. The legal community’s view on defendants’ SNS activities during trials is far from favorable. Judges who will issue rulings cannot favor defendants who post on SNS what should be said in court. On August 20 last year, the Criminal Division 25-2 of Seoul Central District Court, which presided over the trial of Professor Jung Kyung-shim of Dongyang University, wife of former Minister Cho, publicly pointed out that Cho and Jung, identified as co-conspirators, "need to be cautious and restrained" regarding SNS.

On the other hand, there are arguments that the feelings of defendants posting on SNS should be understood, or that this should serve as an opportunity to reconsider the reality where indictments are leaked and facts under investigation are publicly disclosed. When facts under investigation are disclosed before or after prosecution or trial, the defendant is stigmatized as guilty even before judgment. After being stigmatized, trials tend to be influenced by public opinion and proceed unfavorably for the defendant. In such cases, the defendant’s rights, including the right to defense, can be infringed. SNS then becomes a corner where the defendant can trust and lean on.

The fundamental problem behind SNS activities must be fixed. This is a concern shared across political camps and organizations, and the sensitivity toward leaks is high. On the 21st, Minister of Justice Park Beom-gye said regarding the indictment leak issue, "I believe there is a high possibility of illegality." Cho Nam-gwan, Deputy Prosecutor General (acting Prosecutor General), repeatedly emphasized to prosecutors to "be cautious about disclosing facts under investigation."

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