'Jo Guk Couple Admission Fraud' Existing Trial Panel to Continue Hearings... Prosecution Abandons Re-Appeal

▲Former Minister of Justice Cho Kuk [Image source=Yonhap News]

[Asia Economy Reporter Kwon Jae-hee] The prosecution has decided to continue the trial in the case of former Minister of Justice Cho Kuk and his wife regarding admission fraud with the current trial panel. They had filed a motion to disqualify the panel, claiming biased trial proceedings, but after both attempts were dismissed, they judged that further delays were not feasible.

According to the legal community on the 2nd, the prosecution decided not to file a retrial appeal after the motion to disqualify the trial panel was dismissed in both the first trial and last month's appellate trial.

If the prosecution does not submit a retrial appeal by today, the dismissal decision will be finalized.

A prosecution official stated, "It appears that the decision not to file a retrial appeal was made to promptly proceed with the trial and quickly uncover the substantive truth."

Accordingly, the trial of former Minister Cho will continue with the existing trial panel, the Seoul Central District Court Criminal Division 21-1 (Presiding Judges Ma Seong-yeong, Kim Jeong-gon, Jang Yong-beom).

Previously, the prosecution had filed a motion to disqualify the panel in January, claiming, "The trial panel is reaching biased conclusions against the defendant and conducting the trial based on them."

This was in response to the trial panel's rejection of the evidentiary validity of the PCs from the lecturer's lounge at Dongyang University and from former Minister Cho's study, citing the Supreme Court's plenary session precedent from November last year.

Under the Criminal Procedure Act, if there is concern that a judge may conduct an unfair trial, the prosecution or defendant can request the replacement of the trial panel. Whether to accept the motion to disqualify is reviewed by another trial panel, and if dismissed, the applicant can appeal twice.

The Seoul Central District Court Criminal Division 25, which reviewed the motion to disqualify, dismissed the prosecution's request in February, stating that there was no evidence of unfair prejudice or bias in the decision to exclude evidence. The prosecution appealed, but the Seoul High Court Criminal Division 20 reached the same conclusion.

After the prosecution filed the motion to disqualify the trial panel for former Minister Cho, on January 27 of this year, the Supreme Court recognized the evidentiary validity of the disputed PCs and confirmed a four-year prison sentence for former Dongyang University professor Jeong Gyeong-sim.

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