"Because It's Annoying, There Are Cases of Restraint"... Humiliation, Insults, and Abusive Judges Persist

[Asia Economy Reporter Baek Kyunghwan] "Defendant, don’t drag out your words. It’s annoying to listen to. If you say that one more time, you might be detained."

This was a harsh remark a defendant heard from the presiding judge during a court appearance this year. It was said because the defendant was elongating the ends of their sentences during individual defendant questioning in a case with multiple defendants. After the defendant tearfully finished their final statement expressing their grievances, one judge even said, "You’re really pathetic." That judge then concluded the trial and immediately announced the sentencing date.

On the 13th, the Seoul Bar Association announced the results of its judicial evaluation of judges handling litigation cases this year, conducted by 19,069 of its members, introducing such 'problematic cases.' These lawyers pointed out that some judges still exhibit high-handed attitudes, coercion toward mediation, and unfair trial procedures.

There were also confirmed cases of humiliation or insult through rude behavior. Judge A allowed only 10 to 15 minutes per witness for witness examination and stopped the questioning if it went beyond that, spending about 10 to 15 minutes criticizing the behavior of the defense counsel. Particularly, less experienced lawyers were embarrassed and scolded for about 30 minutes. Another lawyer was expelled from the courtroom because of a typo on the notice of counsel appointment while the defendant was present.

Unfair trial procedures were also criticized. Judge B treated the defendant’s litigation representative, who was a high school senior or junior, very respectfully and said, "You won in the first trial, right? Try one more time." Meanwhile, all plaintiff’s requests for clarification of contradictions in the defendant’s claims and evidence submissions were dismissed, and the judge forced the conclusion of arguments.

On the other hand, there were judges who appeared in court with respect for others, providing sufficient opportunities for argument and exercising appropriate control over the litigation process. Some judges listened directly to both parties who were unfamiliar with the law, pointed out issues with each claim, and even suggested ways for both sides to resolve matters amicably. Many judges created a courtroom atmosphere where defendants and lawyers could fully express their opinions by using words easily understood by laypeople instead of difficult legal jargon, and these judges were selected as outstanding judges.

This group included Chief Judge Kwon Seongsu, who was part of the first trial panel for Professor Jeong Gyeongsim of Dongyang University, and Chief Judge Eom Sangpil, who presided over the second trial. Chief Judge Heo Seona of the Seoul Central District Court, who handled the first trial of the Optimus fraud case, was also selected as an outstanding judge for the second consecutive year. Additionally, Judges Kim Jongwoo, Lee Jaechan, and Hwang Uidong of the Seoul High Court; Judges Kim Raeni, Kim Shin, Bang Hyemi, Shin Jaehwan, Shim Jaenam, Lee Wonseok, Jeong Seongwan, Choi Seongbae, Heo Ilseung, and Hong Changwoo of the Seoul Central District Court; Judges Kwon Deokjin and Shin Sangryeol of the Seoul Eastern District Court; Judge Jang Seonghun of the Seoul Southern District Court; Judge Choi Seongbae of the Seoul Western District Court; Judge Hong Eun-sook of the Daejeon Family Court; Judge Park Hyejeong of the Incheon District Court Bucheon Branch; Judge Oh Seungjun of the Incheon District Court; Judges Yoon Mirim and Jo Ara of the Seoul Family Court; and Judge Ji Changgu of the Suwon District Court were selected as outstanding judges.

Meanwhile, the Seoul Bar Association plans to notify the parties involved and the heads of the respective courts about the five judges selected as lower-ranked judges. They intend to take the matter seriously and urge that care be taken to prevent future judges from being selected as lower-ranked judges.