Prosecutors Submit Detailed Appeal Requesting Change of Trial Panel in First Instance for Jo Guk Couple

Trial Delayed for Two Months After January Recusal Request

Former Minister of Justice Cho Kuk (left) and former Dongyang University professor Jung Kyung-shim

[Asia Economy Reporter Kim Daehyun] The prosecution submitted a detailed statement emphasizing the necessity to disqualify the first trial panel in the 'child admission fraud' case involving former Minister of Justice Cho Kuk and former Dongyang University professor Jeong Gyeongshim to the Seoul High Court panel. The first trial of the case involving the couple is currently delayed for two months due to conflicts between the prosecution and the trial panel.

According to the legal community on the 22nd, the Seoul Central District Prosecutors' Office submitted a 'detailed statement of immediate appeal' to the Criminal Division 20 of the Seoul High Court (Chief Judge Jeong Seonjae), which will review the immediate appeal against the dismissal of the disqualification request. A Seoul Central District Prosecutors' Office official stated that day, "We plan to clarify the same points as when we initially filed the disqualification request."

Earlier, on January 14, the Seoul Central District Prosecutors' Office filed a disqualification request against the Criminal Division 21-1 of the Seoul Central District Court (Chief Judges Ma Seongyoung, Kim Sangyeon, Jang Yongbeom), stating that "the trial panel is making a biased conclusion against the defendants and conducting the trial based on it."

The main background was the trial panel's decision in December last year to reject evidence such as the Dongyang University break room PC, following the claim by former Professor Jeong's side that "the prosecution illegally seized the evidence, rendering it inadmissible."

At that time, the trial panel based its decision on a November ruling by the Supreme Court's full bench. In a case where a victim of illegal filming had the perpetrator's mobile phone and submitted it to the police, the court ruled that "the seizure of voluntarily submitted items without the participation of the parties is illegal," and thus did not recognize the evidence's admissibility.

However, earlier this year, the Supreme Court upheld the lower court's ruling recognizing the evidential value of the Dongyang University PC and confirmed a four-year prison sentence for former Professor Jeong, who was separately indicted on charges including obstruction of business and violations of the Capital Markets Act.

In addition, the Seoul Central District Prosecutors' Office cited other reasons for the disqualification request, including the trial panel's failure to provide the prosecution with an opportunity to present opinions, the unlawful and unfair withholding of decisions on objections related to trial procedures without sufficient explanation, and the trial panel's conduct of litigation by instructing witnesses not to present evidence that was not admitted, thereby denying the prosecution's right to cross-examination.

However, the Criminal Division 25-1 of the Seoul Central District Court (Chief Judges Kwon Seongsu, Park Jeongje, Park Sarang), which reviewed the disqualification request, dismissed it, stating that "there is no objective circumstance indicating a concern for an unfair trial regarding the admissibility of evidence." The Seoul Central District Prosecutors' Office immediately appealed, stating that there is a need for the higher court to review the matter again.

According to the Criminal Procedure Act, if there is concern that a judge may conduct an unfair trial, a request can be made to replace the trial panel. The court must hold a separate trial for the disqualification request, and the disqualification case is reviewed by a separate panel. If dismissed, an immediate appeal can be filed within seven days to seek a ruling from a higher court.

Meanwhile, during the delay in the trial, in the regular judicial personnel reshuffle in February, Chief Judge Kim Jeonggon (48, 31st class) joined the Criminal Division 25-1, replacing Chief Judge Kim Sangyeon (50, Judicial Research and Training Institute 29th class). A Seoul Central District Prosecutors' Office official said, "Although some members have changed, the position remains that the trial panel still holds a favorable prejudice and presumption toward the defendants."

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