Supreme Court Assigns Presiding Judge and Panel for Jo Guk's 'Second Trial Imprisonment' Case on 'Children's Admission Fraud'

The Supreme Court decided on the panel and presiding judge for the appeal trial of Cho Kuk, leader of the Cho Kuk Innovation Party, regarding the 'child admission bribery' case on the 11th.

On that day, the Supreme Court assigned Cho's case involving charges such as obstruction of business, abuse of authority, and violation of the Improper Solicitation and Graft Act to the 3rd Division composed of Justices Roh Jeong-hee, Lee Heung-gu, Oh Seok-jun, and Eom Sang-pil. Justice Eom was appointed as the presiding judge.

Cho Kuk, leader of the Cho Kuk Innovation Party, is holding a press conference on the 11th in front of the Supreme Prosecutors' Office in Seocho-gu, Seoul, condemning the prosecution and urging an investigation into Mrs. Kim Geon-hee. Photo by Kang Jin-hyung aymsdream@

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Justice Eom is the judge who, as the presiding judge of the Seoul High Court Criminal Division 1-2 in August 2021, sentenced Cho's wife, former Dongyang University professor Jeong Gyeong-sim, to four years in prison on appeal.

At that time, the court recognized the evidentiary validity of the Dongyang University PC, which was a key issue, and found all charges of admission bribery against former professor Jeong guilty. That ruling was upheld as is by the Supreme Court.

The appeal trial of Cho, who was sentenced to two years in prison at the lower courts, overlaps significantly in issues such as the facts of the case and evidentiary validity with the case of former professor Jeong, which Justice Eom presided over. Former professor Jeong was also additionally indicted on charges related to admission bribery involving their son, Cho Won, and will face the appeal trial together with Cho.

The Supreme Court's position is that since Justice Eom was not directly involved in the lower court rulings of this Cho case, there is no problem under the Criminal Procedure Act for him to preside over the appeal trial of both Cho and former professor Jeong. However, there remains the possibility that Cho or former professor Jeong's side may file a motion for disqualification.

Justice Lee Heung-gu, who is known to have a friendship with Cho from their time as classmates at Seoul National University Law School, may possibly recuse himself from the case.

The Supreme Court automatically assigns cases to justices in a predetermined order once the case is filed. If there are conflicts of interest or other issues after assignment, the justice may voluntarily recuse themselves or the defendant's side may file a motion for disqualification.

If a recusal or disqualification motion is accepted, the case may be reassigned to another panel, or the ruling may be delivered by only three justices without the involvement of the recused justice.

Previously, the second trial court found Cho guilty of charges related to his child's admission bribery including obstruction of business, obstruction of official duties by deception, use of forged or false official documents, violation of the Improper Solicitation and Graft Act, and abuse of authority related to the 'Yoo Jae-soo inspection cover-up' allegations involving special inspection team members. The court sentenced Cho to two years in prison and ordered a fine of 6 million won.

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