"Press Conference Scheduled" "Lack of Stamina"… Reason Defendant Requested Trial Suspension

Choi Kang-wook, leader of the Open Democratic Party, who was indicted on charges of issuing a false internship certificate to the son of former Minister of Justice Cho Kuk, is leaving the courthouse after the second trial held at the Seoul District Court in Seocho-gu, Seoul on the 2nd. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Seongpil Cho] "Maybe it was meant to be funny?"

This was the reaction of a legal insider who heard about the sudden action taken by Choi Kang-wook, leader of the Open Democratic Party, while he was on trial at the Seoul Central District Court on the 2nd. The insider said, "As a former lawyer, there's no way Choi didn't know the Criminal Procedure Act, so the court must have been quite baffled."

Choi was on trial from 10 a.m. the previous day under Judge Jeong Jong-geon of Criminal Division 9 at the same court, facing charges of obstruction of business. However, about 30 minutes into the trial, he suddenly stood up from the defendant's seat and requested a suspension of the trial, citing his schedule. That schedule was a press conference for the new leadership of the Open Democratic Party, scheduled for 11 a.m. that day. Judge Jeong denied the request, saying, "According to the Criminal Procedure Act, holding a trial without the defendant is illegal."

The legal community generally reacted with disbelief to Choi's request. A lawyer in Seocho-dong said, "It is rare for a defendant to request a suspension of the trial first," adding, "Usually, defendants try to behave in a way that pleases the judge, but Choi made a bold request."

Article 276 of the Criminal Procedure Act stipulates that "if the defendant does not appear at the trial date, the trial cannot proceed unless otherwise specified." Article 279 states that "the judge presides over the conduct of the trial," and Article 281 specifies that "the defendant cannot leave the courtroom without the judge's permission." This means the defendant must attend the trial, and whether to allow leaving is at the judge's discretion.

[Image source=Yonhap News]

There have been cases where defendants requested a suspension of the trial first, like Choi. Former Chief Justice Yang Sung-tae, indicted for abuse of judicial administrative power, requested to be excused during an overnight trial last year, saying, "I am physically exhausted," and asked, "I would appreciate it if you could order me to leave." At that time, it was around 11 p.m., the 13th hour since the trial began. The judge accepted the request and ended the trial that day.

Former President Park Geun-hye, indicted in the state corruption scandal, also had a somewhat similar case where the defense side requested a suspension of the trial first. Park eventually collapsed during the trial, complaining of dizziness due to accumulated fatigue from the trial schedule held four times a week except Wednesdays in 2017. Her lawyer urgently requested a suspension, and the judge ended the trial early.

As an aside, although not a request to suspend the trial, there was a case where a defendant left the courtroom during the trial, causing embarrassment to the court, similar to Choi. Cho Kwon, brother of former Minister of Justice Cho Kuk, who was indicted and detained over allegations of corruption at Woongdong Academy, tried to leave through the courtroom entrance used by detained defendants during witness examination. The court, taken aback, asked Cho, "Where are you going, defendant?" and his lawyer replied, "He is going to the restroom," which settled the situation for the time being.