Jeon Du-hwan Absent Again at 'Defamation of the Deceased' Appeal Trial... Likely to Proceed as a Default Trial

On November 30 last year, former President Jeon Du-hwan was leaving his residence in Yeonhui-dong, Seodaemun-gu, Seoul to attend the first trial sentencing hearing for defamation of the deceased at the Gwangju District Court. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Choi Seok-jin] Former President Jeon Du-hwan (90), who was indicted for defaming the late Father Jo Bi-o by denying his testimony of helicopter gunfire by martial law troops during the May 18 Democratic Movement and was sentenced to 8 months in prison with a 2-year probation in the first trial, again did not appear at the appellate trial held on the 14th.

Following his absence at the first trial session on the 10th of last month, the trial is highly likely to proceed as a trial in absentia since former President Jeon did not appear in court again on this day.

The Criminal Division 1 of the Gwangju District Court (Chief Judge Kim Jae-geun) held the appellate trial session for Jeon's defamation case in Criminal Courtroom 201 of the Gwangju District Court building from 1:56 PM.

According to the Criminal Procedure Act, the defendant must appear at the first trial session where the recognition examination is held, but Jeon did not appear at the first trial session on the 10th of last month, the postponed date on the 24th of last month, nor on this day.

On the 24th of last month, due to a court error, the summons notifying Jeon of his attendance before the trial was not delivered in time, so the trial could not proceed regardless of Jeon's attendance.

From the beginning of the trial, Jeon's side argued that the appellate trial could proceed without Jeon's attendance on legal grounds and requested a trial in absentia.

According to the Criminal Procedure Act, if a defendant is absent without justifiable reason for two consecutive times, the court may issue a warrant for detention or proceed with the trial without the defendant's statement, listen only to additional opinions from the prosecution, and make a judgment.

Jeon was indicted for defamation for criticizing Father Jo Bi-o, who testified in his 2017 memoir that he witnessed helicopter gunfire by the military during the May 18 period, calling him a "shameless liar unworthy of being called a priest."

At the first trial's sentencing hearing, the prosecution requested a prison sentence of 1 year and 6 months, but appealed the first trial's sentence of 8 months in prison with 2 years probation, arguing that the sentence was too light. Jeon's side also appealed, claiming the sentence was unfair.

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