After the bench change stalled the Daejang-dong trial... full resumption on the 7th of next month
Renewal of Trial Procedure Completed on the 2nd of Next Month
Seongnam City Development Corporation Development Team 1 Leader on the 7th · Accountant Kim Min-geol Witness Examination on the 11th
Bar Association Refers Lawyers Nam Wook and Jeong Min-yong to Disciplinary Committee for 'Duty to Maintain Dignity' Violation
From the left, Yoo Dong-gyu, former Planning Director of Seongnam Urban Development Corporation, Kim Man-bae, major shareholder of Hwacheon Daeyu, and Nam Wook, lawyer and owner of Cheonhwa Dongin No. 4, a subsidiary of Hwacheon Daeyu.
[Image source=Yonhap News]
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The trial concerning the Daejang-dong development corruption and lobbying allegations, which had been stalled after all members of the trial panel, including the presiding judge and lead judge, were replaced due to personnel changes, will officially resume next month.
The Daejang-dong trial had been delayed as the trial panel was replaced during the regular personnel reshuffle in the court in mid-month, and during the process of renewing trial procedures, the defense requested that the previously conducted witness examination audio recordings be replayed in court, causing further procedural delays.
However, on the 28th, the trial panel decided to complete the renewal of trial procedures by the 2nd of next month and to conduct witness examinations for Lee Mo, the head of the Development Team 1 at Seongnam Urban Development Corporation (Seongnam Dogae-gong), and accountant Kim Min-geol, who was involved in drafting the Daejang-dong development project bidding guidelines, on the 7th and 11th of next month respectively, signaling that the trial is expected to gain momentum again.
The Criminal Division 22 of the Seoul Central District Court (Presiding Judge Lee Jun-cheol) made this decision during the 10th hearing held that day involving former Planning Director Yoo Dong-gyu of Seongnam Urban Development Corporation (Seongnam Dogae-gong), major shareholder Kim Man-bae of Hwacheon Daeyu, lawyer Nam Wook, accountant Jeong Young-hak, and lawyer Jeong Min-yong, who drafted the project bidding guidelines.
The trial panel stated, "We expect to complete the renewal of trial procedures by March 2," and "We will conduct witness examinations on the 7th and 11th."
The witness examinations for Lee and accountant Kim were originally scheduled for the 24th but were postponed due to the longer-than-expected time required to renew trial procedures following the personnel changes in the trial panel.
When the composition of the trial panel changes, renewal procedures must precede according to the Criminal Procedure Act. The defense requested that the renewal be conducted by replaying all the audio recordings of the previously conducted witness examinations in court.
Accordingly, the trial panel completed the renewal of trial procedures over four sessions on the 24th, 25th, 27th, and the 2nd of next month, and decided to resume witness examinations on the 7th of next month.
Accountant Kim, who joined Seongnam Dogae-gong in November 2014 upon recommendation by accountant Jeong and served as head of the Strategic Business Office, is known to have been involved in drafting the bidding guidelines that omitted the 'excess profit recovery clause.'
Initially, the trial panel planned to start with the witness examination of accountant Kim, considered a key witness in the Daejang-dong trial, but the defense for former Director Yoo requested to delay Kim’s examination as they had not yet reviewed the content to be examined, so Lee was examined first.
Meanwhile, the Korean Bar Association recently held an investigative committee meeting and referred lawyer Nam and lawyer Jeong, who are involved in the Daejang-dong allegations, to the disciplinary committee following the prosecution’s request to initiate disciplinary action.
The grounds for discipline applied to the two are reported to be violations of the 'duty to maintain dignity.'
Article 24(1) of the Attorney-at-Law Act stipulates that "An attorney shall not engage in conduct that damages their dignity."
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Also, Article 91(2) of the same law (grounds for discipline) states that if an attorney violates this law (Item 1) or engages in conduct that damages the dignity of an attorney regardless of whether it is related to their duties (Item 3), disciplinary actions such as expulsion, suspension for up to three years, fines up to 30 million won, or reprimands may be imposed.
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