Former President Jeon Du-hwan to Attend Appeal Trial on the 9th... Changes Stance After Court Warns 'Evidence Rejection'

Former President Jeon Du-hwan and his wife Lee Soon-ja are leaving their home in Yeonhui-dong, Seodaemun-gu, Seoul, on November 30 last year to attend the first trial sentencing hearing of the defamation case of the deceased at the Gwangju District Court. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Former President Jeon Du-hwan (90), who was indicted for defaming the late Father Jo Bi-o by testifying about the martial law troops' helicopter shooting during the May 18 Democratic Uprising and was sentenced to 8 months in prison with a 2-year probation in the first trial, is expected to attend the third appellate trial scheduled for the 9th, it was reported on the 3rd.

Jeon’s legal representative, lawyer Jung Joo-kyo, stated that the former president plans to attend the trial held on the 9th.

From the beginning of the trial, Jeon’s side argued that the appellate trial could proceed without his attendance on legal grounds and requested a trial in absentia. However, after the court warned that if the defendant did not appear, many of the evidences submitted by Jeon’s side could not be accepted, they changed their position and decided to attend.

At the trial held on the 5th, the court stated, "The prosecutor argued based on Article 365 of the Criminal Procedure Act that the recognition and cross-examination procedure is absolutely necessary, but it is not impossible to proceed with the trial without this procedure," and added, "We do not accept the claim that the defendant’s reasons for appeal (who did not attend) should be dismissed without judgment."

The court further emphasized, "We agree with the prosecutor’s claim that this regulation is a sanction against defendants who do not attend the recognition and cross-examination," and "The defendant’s evidence submissions can be accepted only to the minimum necessary and can be restricted. If the defendant wants to sufficiently prove, his attendance is a prerequisite."

Lawyer Jung added that Lee Soon-ja, the wife of Jeon, plans to attend the trial with him on the 9th.

Jeon’s next trial will be held at 2 p.m. on the 9th in courtroom 201 of the Gwangju District Court, presided over by the Criminal Division 1 (Chief Judge Kim Jae-geun).

According to the Criminal Procedure Act, the defendant must attend the first trial date when recognition and cross-examination are held, but Jeon has not attended since the first trial on May 10.

He also did not attend the postponed trial dates on May 24 and June 14, which was further delayed due to non-delivery of the summons, and he was absent again at the second trial held on the 5th.

Jeon was indicted for defamation after criticizing Father Jo Bi-o, who testified in his 2017 memoir that he witnessed the military’s helicopter shooting during the May 18 period, calling him "a shameless liar unworthy of being called a priest."

The prosecution, which sought a prison sentence of 1 year and 6 months at the first trial’s sentencing hearing, appealed the first trial’s sentence of 8 months in prison with 2 years probation, arguing that the sentence was too light. Jeon’s side also appealed, claiming the sentence was unfair.