Judge Jeong Jin-seok's 'Political Bias' Controversy in First Trial, Court Warns of Personal Attack Concerns

The court officially expressed regret on the 13th amid controversy over the past politically biased actions of the judge who sentenced People Power Party lawmaker Jeong Jin-seok to imprisonment despite the prosecution's request for a fine in a defamation case involving the late former President Roh Moo-hyun.

The People Power Party criticized the ruling as a "judgment that failed to distinguish between public and private matters" in a statement, strongly condemning the judge by saying it would not be an exaggeration to call him a "'Nosamo' (a group that loves Roh Moo-hyun)."

Jin Jeong-seok, Member of the People Power Party. Photo by Hyunmin Kim kimhyun81@

On the day, the Seoul Central District Court issued a statement titled "The Position of the Seoul Central District Court on Recent Criminal Sentencing," expressing "deep concern over the excessive criticism directed at the ruling and the presiding judge by mentioning the judge's political leanings following the first trial verdict in a criminal case involving a sitting member of the National Assembly."

The Central District Court stated, "Analysis and critical evaluation of rulings are always possible, and it is natural for the court and the presiding judges to listen carefully to such feedback. However, it is difficult to accept excessive personal attacks on the presiding judge unrelated to the content of the ruling."

The court added, "Regarding some posts mentioned in the media, considering the timing of their creation, it is impossible to evaluate the judge's social awareness or values based solely on parts of those posts, and it is very risky to conclude the judge's political inclination based only on some social media activities."

Furthermore, the court clarified, "The report by some media that the presiding judge deleted his information from the Korean Legal Professionals Directory just before the verdict is not true. The Korean Legal Professionals Directory is a paid database providing personal information and profiles of legal professionals, and not all legal professionals, including judges, are listed. Those listed can request deletion of their information at any time if necessary, so the deletion of the presiding judge's information is unrelated to this case's verdict."

Finally, the court stated, "We find it difficult to agree with claims that the judge's political leanings influenced the verdict based on issues raised by some media or political circles. Such claims can exert undue pressure on the presiding judge and all judges handling criminal trials during trial procedures and decision-making, severely undermining the independence of the judiciary guaranteed by the Constitution and public trust in judicial procedures. We repeatedly urge caution in reporting." It added, "The Seoul Central District Court will continue to strive to earn public trust through thorough hearings and fair trial procedures."

Lawmaker Jeong was sued by the bereaved family after writing on his SNS in September 2017, "The late President Roh's wife, Kwon Yang-sook, and son were investigated by the prosecution for receiving millions of dollars in bribes from Park Yeon-cha, and after a marital fight, Mrs. Kwon ran away, and that night, President Roh, left alone, took his own life."

Previously, Judge Park Byung-gon of the Seoul Central District Court Criminal Division 5 (age 37, Judicial Research and Training Institute class 41) sentenced Jeong to six months in prison. Judge Park stated that the post by Jeong could not be protected under freedom of expression and that it was beyond the limits acceptable to society, with a very bad nature.

After the sentence, which was much harsher than the prosecution's request for a 5 million won fine, Jeong said, "I can only understand this as a judgment mixed with emotion and will appeal."

Following the verdict, controversy arose over Judge Park's political bias based on his school activities and SNS posts.

One post written by Judge Park in October 2003, when he was a high school senior, reportedly included the statement, "If they (the Grand National Party) want to call for the impeachment of President Roh Moo-hyun, most of the lawmakers who ate up their positions with illegal funds should resign first."

According to media reports, Judge Park follows Twitter accounts mainly of opposition figures such as former President Moon Jae-in, former Roh Moo-hyun Foundation Chairman Yoo Si-min, and broadcaster Joo Jin-woo, and Democratic Party leader Lee Jae-myung follows Judge Park's Twitter account. Among Judge Park's past posts is one stating, "The Democratic Labor Party calls me the youngest party member in the Yeongtong area of Suwon."

Some media have raised suspicions that Judge Park requested deletion of his information from the Legal Professionals Directory in anticipation of controversy before the verdict. Currently, Judge Park's information cannot be found in the Korean Legal Professionals Directory operated by the Law Times.

Meanwhile, on the same day, People Power Party floor spokesperson Jeon Ju-hye said in a statement, "According to reports, Judge Park Byung-gon follows opposition figures such as former President Moon Jae-in and former Roh Moo-hyun Foundation Chairman Yoo Si-min, and Democratic Party leader Lee Jae-myung follows Judge Park in return." She added, "A post believed to have been written by Judge Park when he was a high school senior is full of hostility and contempt toward the Grand National Party, which impeached President Roh, saying, 'If they want to call for the impeachment of President Roh, most of the lawmakers who ate up their positions with illegal funds should resign first.'" She concluded, "It would not be an exaggeration to call him a 'Nosamo' supporter."

Spokesperson Jeon criticized, "This ruling was not made by a judge who should maintain political neutrality but by a supporter of President Roh Moo-hyun who expressed political views opposing the predecessor of the People Power Party, the Grand National Party." She added, "If it was difficult for Judge Park to make a neutral ruling as a supporter of President Roh, he should have recused himself."

She further stated, "Compared to the first trial where former Roh Moo-hyun Foundation Chairman Yoo Si-min was fined 5 million won for falsely claiming that Minister Han Dong-hoon illegally tracked the foundation's accounts, this six-month prison sentence is clearly disproportionate."