Special Prosecutor Files Motion to Recuse Judge in Lee Jae-yong Trial

[Asia Economy Reporter Kim Min-young] The special prosecution team led by Park Young-soo has filed a motion to disqualify the panel handling the retrial of Samsung Electronics Vice Chairman Lee Jae-yong's state corruption case, citing bias.

On the 24th, the special prosecution submitted the motion, stating, "The Seoul High Court Criminal Division 1 (Presiding Judges Jeong Jun-young, Song Young-seung, and Kang Sang-wook) is conducting the trial in a biased manner."

This is interpreted as a reaction to the presiding judges' intention to consider the effectiveness of the 'Compliance Committee' established by Samsung in determining the sentencing.

Additionally, the special prosecution raised concerns that the court did not accept records related to the Samsung Biologics accounting fraud allegations, which were presented as evidence for sentencing.

The special prosecution argued, "The court deliberately ignored the aggravating factors presented by the prosecution among the sentencing reasons and proceeded with sentencing deliberations only on the Compliance Committee, which does not qualify as a mitigating factor, clearly revealing the presiding judge's preconceived intention to sentence Vice Chairman Lee Jae-yong and others to probation."

The special prosecution also pointed out that during the continuation trial in December last year, the court questioned, "It is said to be an irresistible demand from former President Park Geun-hye, but if that is the case, would you offer bribes again if you receive the same demand from future political powers?" as problematic.

According to the Criminal Procedure Act, a motion to disqualify the court can be filed when there is concern that a judge may conduct an unfair trial. The court must hold a separate hearing on the motion itself. The disqualification motion case is heard by a separate panel, and the original trial in progress is suspended.