"Promised to Reveal in Court," "Law Tricksters"... Co-authors of 'Joguk Black Book' Criticize Use of Right to Refuse Testimony

Jin Joong-kwon "Were Rights More Important as a Sign?"
Kwon Kyung-ae "Refusal to Testify in Trial May Also Become 'Justice'"
Kim Kyung-yul "Will History Now Tell the Truth?"

Jin Joong-kwon, former professor at Dongyang University / Photo by Yonhap News

[Asia Economy Reporter Lim Juhyung] The co-authors of "The Black Book of Cho Kuk" (A Country Never Experienced Before - How Democracy Ends) criticized former Minister of Justice Cho Kuk, who appeared as a witness at the trial of his spouse, Professor Jeong Gyeongshim of Dongyang University, but exercised his right to refuse testimony.

Former Dongyang University professor Jin Joong-kwon posted on his Facebook on the 3rd, "Cho Kuk reportedly refused to testify. He could neither tell the truth nor risk perjury by lying," adding, "From his perspective, it was the best choice," sarcastically criticizing him.

He continued, "During the investigation, he exercised the right to remain silent and said he would reveal everything in court, but it is regrettable that he did not keep this promise," pointing out, "He seemed to value his rights as a private individual more than his responsibilities as a public figure."

Attorney Kwon Kyung-ae, formerly of the Lawyers for a Democratic Society, wrote on her Facebook the same day, "During the investigation, he refused to testify saying he would reveal everything through the trial; now, at the trial, he refuses to testify. From 'prosecutorial reform' to now shouting 'judicial reform,' even refusing to testify in court is becoming 'justice,'" she criticized.

She added, "He will go down in criminal justice history as a 'law eel' (a pun combining law and eel, implying slippery behavior)," and strongly criticized, "How could such a person have acted as an icon of progressivism and been revered for decades?"

Another co-author, Kim Kyung-yul, co-representative of Economic Democracy 21, also criticized former Minister Cho’s refusal to testify. Kim wrote on Facebook, "He exercised the right to remain silent before the prosecution and said he would say everything in court," and sarcastically asked, "Now will he say that history will tell?"

Former Minister of Justice Cho Kuk / Photo by Yonhap News

Meanwhile, on the same day, former Minister Cho appeared as a witness at the trial of his wife, Professor Jeong, who is accused of charges including illegal admissions fraud involving their children and illegal investment in private equity funds. This was the first time the two appeared together in court.

According to multiple media reports, Cho Kuk exercised his right to refuse testimony immediately after taking the witness oath during the trial. The prosecution had prepared about 300 questions for the witness examination, but Cho only responded to the prosecution’s questions by saying, "I will exercise my right to refuse testimony pursuant to Article 148 of the Criminal Procedure Act."

Article 148 of the Criminal Procedure Act states that anyone may refuse to testify if there is a risk that the testimony could incriminate themselves, their relatives, or those with whom they have had a familial relationship, or lead to criminal prosecution, indictment, or a guilty verdict.

In response, the prosecution protested Cho’s refusal to testify, citing that most of Professor Jeong’s charges involve family collusion, that Cho is the closest to the substance of the case, and that Cho had previously refused to testify during the prosecution’s investigation while saying, "I will reveal the truth in court."

On the other hand, Cho’s defense attorney rebutted, "According to the Criminal Procedure Act, all substantive truth discovery must be done through lawful evidence investigation," and "The witness’s statement that he would 'reveal it in court' means nothing more or less than exercising his right to defense during the trial as a defendant."