Fifth Person in Judicial Farming Scandal
Criticism of Prosecutor Investigation Expected to Intensify
Mixed Views on 'Protecting Own Members'
[Asia Economy Reporter Seongpil Cho] Im Seong-geun, Chief Judge of the Seoul High Court, who was prosecuted for abuse of judicial administrative power, was acquitted in the first trial. This is the fifth acquittal since the trial of this case began.
The 25th Criminal Division of the Seoul Central District Court (Chief Judge Song In-kwon) acquitted Chief Judge Im on the 14th of charges of abuse of authority and obstruction of the exercise of rights. The court ruled, "Although disciplinary action can be discussed due to unconstitutional illegal acts, criminal liability cannot be imposed."
Chief Judge Im was prosecuted for abuse of authority, including intervening in the drafting of the judgment in the case of former Sankei Shimbun Seoul bureau chief Tatsuya Kato, who was charged with defamation after raising suspicions about "President Park Geun-hye's seven hours during the Sewol ferry disaster" while serving as the senior criminal judge of the Seoul Central District Court in 2015. The prosecution viewed that at the time, the Court Administration Office tried to reflect the Blue House's position in the trial of the former bureau chief's case as a means to persuade the Blue House to promote the key project of Chief Justice Yang Sung-tae, such as the introduction of the appellate court.
In addition, Chief Judge Im is accused of instructing partial changes to the judgment in a case where lawyers from the Lawyers for a Democratic Society (Minbyun) were prosecuted for assault causing injury. He is also accused of ordering a judge who intended to send professional baseball players Lim Chang-yong and Oh Seung-hwan, charged with overseas gambling, to a formal trial to review the case again.
Although the court acknowledged some facts surrounding these judicial interventions, it ruled that the crime of abuse of authority could not be applied. The court stated, "While the defendant's judicial involvement may constitute grounds for disciplinary action, it cannot be considered an abuse of authority, and there is no evidence to support this." It further explained, "Imposing criminal responsibility for abuse of authority on the defendant's actions because they are unconstitutional would be an unfavorable expansive interpretation of the elements of the crime and would violate the principle of legality."
A total of 14 current and former judges, including former Chief Justice Yang Sung-tae, were prosecuted in this case. During his eight months as head of the Seoul Central District Prosecutors' Office, Prosecutor General Yoon Seok-youl summoned and investigated nearly 100 judges and prosecuted them. The investigation team leader at the time was Han Dong-hoon, currently Deputy Chief Prosecutor of the Busan High Prosecutors' Office and a close aide to Yoon.
However, none of the judges prosecuted have yet been convicted. Yoo Hae-yong, former senior judicial research judge of the Supreme Court, who was charged with unauthorized removal of confidential Supreme Court documents, was acquitted last month. Judges Shin Gwang-ryeol, Jo Ui-yeon, and Sung Chang-ho, who were charged with leaking prosecution investigation secrets during the "Jung Un-ho Gate," were all acquitted the day before. With Chief Judge Im, who was charged with "interference in trials," also acquitted, criticism of the prosecution's investigation conducted as part of the judicial reform efforts is expected to intensify.
On the other hand, since the court acknowledged all the facts of the indictment, which were evaluated as inappropriate judicial intervention, but still acquitted the defendants, there is a possibility of controversy over "protecting their own." A backlash from the prosecution is also expected. The prosecution immediately expressed its intention to appeal the verdict on Chief Judge Shin and others, stating, "It is difficult to accept the court's ruling."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
