Jomin Followed by Han Inseop Also 'Refuses to Testify'... "Right under Criminal Procedure Act Article 148" (Comprehensive)

Former Minister of Justice Cho Kuk, who has been indicted on charges including allegations of covering up an inspection and admission fraud involving his children, is attending a trial held at the Seoul Central District Court in Seocho-gu, Seoul on the 25th. Behind him, supporters of Cho are holding books titled "Cho Kuk's Time." Photo by Moon Honam munonam@

[Asia Economy Reporters Seongpil Jo and Daehyun Kim] On the 25th, Cho Min, who was selected as a witness in the trial concerning the admission fraud allegations against former Minister of Justice Cho Kuk and Professor Jeong Gyeong-sim of Dongyang University, and Han In-seop, President of the Korea Institute of Criminology and Justice Policy, both refused to testify in court. They exercised their right to refuse to testify based on Article 148 of the Criminal Procedure Act. Article 148 of the Criminal Procedure Act allows a witness to refuse to testify if they or their relatives may be subject to a guilty verdict. Cho Min is the subject of the admission fraud allegations, and President Han is a suspect in the related charges.

Father and daughter appear separately... Sharp criticism of Chosun Ilbo

On the morning of the day at Seoul Central District Court, Courtroom 311, the trial was held under the Criminal Division 21-1 (Presiding Judge Ma Seong-yeong). Cho Min, daughter of former Minister Cho Kuk and Professor Jeong, appeared as a witness. This marked the first time in two weeks since the couple first appeared together in the defendant's seat that their daughter appeared as a witness. When asked about her occupation by the presiding judge, Cho Min replied, "Intern at Hanil Hospital."

Cho Min entered the courtroom through a different route than ordinary witnesses. Earlier, on the 22nd, she applied for witness support services at the court. The witness support service is a system that allows witnesses to enter the court, stay in a separate space, and enter the courtroom through a different route from the public at the time of the trial. Originally designed to prevent sexual crime victims from encountering perpetrators, it has recently been frequently used by celebrities. Former Minister Cho Kuk also utilized this service last year when attending the separate trial of Professor Jeong, entering and leaving the courtroom privately.

Former Minister Cho Kuk, who is a defendant, appeared in court separately from Cho Min through the general entrance. He did not respond to reporters' questions about his feelings regarding Cho Min's court appearance. Instead, he sharply criticized Chosun Ilbo for using an image depicting him and his daughter in an article titled '"Wash first" Lured into prostitution and robbed of wallet,' published on the 21st. Cho Kuk said, "They insulted and mocked me and my family with a partisan perspective and extremely low methods," adding, "How can someone do such a thing while wearing a mask? I will definitely hold them legally accountable."

Professor Jeong Kyung-shim, Dongyang University / Photo by Jin-hyung Kang aymsdream@

Cho Kuk tightly closes his eyes as Cho Min enters the courtroom

Among the family members scheduled to appear, former Minister Cho Kuk was the first to enter the courtroom. Professor Jeong arrived after Cho Kuk finished talking with his lawyer and took his seat in the defendant's area. They briefly conversed before the trial began, with Cho Kuk mostly speaking and Professor Jeong listening. Their conversation ended as the court session started.

After the court called "Witness, please come forward," Cho Min appeared in the courtroom dressed in a black suit. Upon entering, she looked at Cho Kuk and Professor Jeong seated in the defendant's area. Cho Kuk tightly closed and then opened his eyes. He also tilted his head back and closed his eyes again when Cho Min took the witness oath.

Cho Min refuses to testify with tears... leaves after about 30 minutes

Cho Min refused to testify. According to Article 148 of the Criminal Procedure Act, a witness may refuse to testify if there is a risk of punishment for themselves or their relatives. Former Minister Cho Kuk also appeared as a witness at Professor Jeong's first trial in September last year and refused to answer all of the approximately 300 questions. Professor Jeong and their son Cho Won also exercised their right to refuse to testify for similar reasons when appearing as witnesses in the first trial of Representative Choi Kang-wook of the Open Democratic Party on charges of obstruction of business.

When asked by the presiding judge about the reason for refusing to testify, Cho Min said, "During the prosecution investigation, there were things I could not accurately state or explain because it was a memory from 10 years ago," but added, "I want to say what I couldn't, but I think it is inappropriate for me, as a daughter, to testify, so I intend to refuse." She also shed tears, saying, "During the prosecution investigation, my family and I had to endure various things in the places where we live and work, and I saw my mother's face for the first time in a long while." Former Minister Cho Kuk could not hide his sorrow at Cho Min's appearance, closing his eyes tightly again as if trying to hold back tears.

After Cho Min refused to testify, the prosecution requested the court, saying, "This is also an opportunity to make beneficial statements in an open court for discovering the substantive truth," and asked, "Please allow the prosecutor to direct the witness to answer each question." However, after a 10-minute recess for discussion, the court accepted Cho Min's position. The court stated, "After reviewing the prosecutor's questions, it seems that asking the witness each question and hearing the answers in court is not a procedure that helps reveal the substantive truth." Cho Min left after about 30 minutes.

Han In-seop, President of the Korea Institute of Criminology and Justice
[Photo by Yonhap News]

President Han In-seop: "Refused to testify as I am a suspect"

In the afternoon session, Han In-seop, President of the Korea Institute of Criminology and Justice Policy, who is suspected of being involved in the process of falsely obtaining an internship certificate at Seoul National University Public Interest and Human Rights Law Center for the children of former Minister Cho Kuk and Professor Jeong, appeared on the witness stand. He refused to testify, stating that he is a suspect. Previously, President Han appeared once as a witness in Professor Jeong's first trial, which was separately prosecuted, and exercised his right to refuse to testify for the same reason. He is suspected of being involved in the children of former Minister Cho Kuk and Professor Jeong receiving internship certificates at the Seoul National University Public Interest and Human Rights Law Center.

President Han said, "Suspect witnesses come to court in a very vulnerable state and become 'watchful witnesses' who must avoid falling out of favor with the prosecution," adding, "As long as the prosecution keeps me tied as a suspect, I will not open my mouth to any questions from the prosecution in this court." He continued, "For suspect witnesses, cross-examination is equivalent to extending suspect interrogation by moving the location," and appealed, "At the very least, the scope of exercising the right to refuse to testify by suspect witnesses, who face the realistic risk of indictment, needs to be interpreted and operated broadly so as not to undermine the purpose of guaranteeing the right to refuse to testify."

The prosecution countered, "The case in which President Han was accused concerns Cho Won, and the part concerning Cho Min is not included in the indictment or charges, so it does not constitute grounds for refusing to testify." They added, "Although he is a suspect, after today's witness examination, there will be no further summons, and the case may be disposed of," and requested understanding, saying, "This is a witness examination to ascertain the substantive truth."

After discussion, the court allowed part of the prosecution's questioning. However, President Han consistently refused to testify. He only answered "Confirmed" to the final question, "Did you testify as a reference witness to the prosecution on September 20, 2019, and is it correct that you reviewed and signed the statement at that time?" The questioning ended with this question, and President Han left after about 40 minutes.

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