Court: "Kim Kyung-soo, No 'Handcuff Privilege'... Inmate with Low Flight Risk"

[Image source=Yonhap News]

[Asia Economy Reporter Junhyung Lee] The court ruled that the controversy over Gyeongnam Governor Kim Kyung-soo's "handcuff privilege" was not a privilege, stating that he was a "prisoner with a low risk of escape."

According to the legal community on the 5th, Judge Son Seung-woo of the Civil Division 12 at the Seoul Southern District Court ruled against the plaintiff in a damages lawsuit filed by Byeon Hee-jae, chief advisor of Media Watch, who claimed discrimination against Governor Kim by being handcuffed during his trial.

Previously, Governor Kim was indicted on charges of manipulating public opinion using the comment manipulation program "King Crab" in collusion with Kim Dong-won, known as "Druking," since around November 2016. He was sentenced to prison in the first trial and detained but was released on bail during the appeal trial. During the appeal trial while in detention, Governor Kim appeared in court without handcuffs.

Mr. Byeon was also detained and on trial around the same time on charges of defamation. He filed a damages lawsuit at the Seoul Southern District Court in 2019, claiming that it was a privilege that he was handcuffed while Governor Kim was not.

The court explained the reason for ruling against the plaintiff, stating, "When judging the seriousness of the risk of escape, the defendant's occupation and social status can also be considered." Considering Governor Kim's social status, the court judged that his risk of escape was lower than Mr. Byeon's.

The Ministry of Justice directive "Guidelines on Prisoner Management and Escort Duties" stipulates that, depending on the judgment of the detention center chief, protective equipment such as shackles or handcuffs may be relaxed or not used when prisoners appear in court. This applies to elderly, women, disabled, seriously ill prisoners, prisoners with a significantly low risk of escape, and prisoners escorted through designated routes connected by underground passages between correctional facilities and prosecution offices.

Mr. Byeon's side appealed the first trial ruling.

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