'Jeong Gyeongshim Witness' Han Inseop's Constitutional Petition... "Witnesses Also Need Lawyer Assistance"

Han In-seop, President of the Korea Institute of Criminology and Justice Photo by Yonhap News

[Asia Economy Reporter Bae Kyunghwan] It has been reported that Han Inseop, director of the Criminal Policy Research Institute, who appeared as a witness in the trial of Professor Jeong Gyeongshim of Dongyang University, filed a constitutional complaint, arguing that "a witness who is also a suspect should be able to receive assistance from a defense attorney." This is because if a witness is in the status of a suspect, they may suffer criminal disadvantages from their testimony in court, thus requiring the help of a defense attorney.

According to the legal community on the 24th, Yang Hongseok, a lawyer from the law firm Igong who represented Director Han, submitted a constitutional complaint petition to the Constitutional Court on the 22nd, stating that "the act of refusing the participation of a defense attorney in the witness examination of Director Han is unconstitutional."

Director Han also argued that Articles 163 and 243-2 of the Criminal Procedure Act, which regulate the right of parties to the lawsuit to have defense attorneys participate, do not explicitly guarantee the right of a defense attorney to assist a witness who is in the status of a suspect, making them unconstitutional.

Director Han is suspected of being involved in the issuance of internship certificates at Seoul National University’s Public Interest Human Rights Law Center for the children of former Minister of Justice Cho Kuk and his spouse. During Professor Jeong’s trial, Director Han appeared as a witness and requested the court, "Please allow me to testify accompanied by a defense attorney." He emphasized the necessity of defense attorney assistance even in trials where he participates as a witness in the status of a suspect.

However, the court rejected Director Han’s request, citing that there is no legal basis in the Criminal Procedure Act.