[Exclusive] MC Mong's Unusual Approval for 'Video Witness Examination' Amid Social Anxiety Complaints

Trial Held at Seoul Southern District Court
MC Mong Appears at Eastern District Court... Live Broadcast Newspaper

The court has confirmed that it accepted the request for video witness examination from singer MC Mong (real name Shin Dong-hyun) in the trial of the 'coin listing bribery' case. Video examination is unusual in fraud cases. Previously, MC Mong was suspected of avoiding attendance by not appearing in court despite the court's summons.

According to the legal community on the 1st, the Criminal Division 11 of the Seoul Southern District Court (Chief Judge Jeong Do-seong) decided to conduct the witness examination of MC Mong via video during the trial scheduled for the 2nd, involving defendants such as professional golfer Ahn Sung-hyun, former Bithumb Holdings CEO Lee Sang-jun, and Kang Jong-hyun, who was suspected of being the actual owner of Bithumb. The trial will be held at the Seoul Southern District Court, but witness MC Mong will appear at the Seoul Eastern District Court and be examined through real-time broadcasting.

Singer MC Mong (Photo by Yonhap News)

MC Mong's side reportedly submitted a petition requesting video witness examination, citing court trauma from a past military service fraud case and difficulties attending due to social phobia and panic disorder. A Seoul Southern District Court official stated, "It appears that the decision to conduct video witness examination was made after receiving diagnostic certificates and other supporting documents from the witness side, in accordance with Article 165-2 of the Criminal Procedure Act."

Originally, the Criminal Procedure Act allowed video witness examination only very restrictively for victims under the Child Welfare Act or the Youth Sexual Protection Act. However, in August 2021, a clause containing the phrase "health condition or other circumstances" was newly added. Article 165-2, Paragraph 2 of the Criminal Procedure Act (Witness Examination via Video or Other Relay Devices) states, "When the court recognizes that a witness lives far away or in a place with inconvenient transportation, or has difficulty appearing in court directly due to health conditions or other circumstances, the court may conduct the examination through relay facilities such as video after hearing the opinions of the prosecutor and the defendant or their counsel."

This clause was introduced to supplement the excessive delays in trials caused by the COVID-19 pandemic. A legal community official commented, "If such benefits are given to witnesses who stubbornly refuse to appear despite the court's summons, who would want to come to court in the future?" Regarding this criticism, multiple attempts were made to contact MC Mong's legal counsel, but no response was received.

Meanwhile, the defense attorneys of the defendants in this case have expressed that the decision for video examination is inappropriate. The former CEO Lee's attorney stated, "It is hard to accept the claim that attendance is difficult due to panic disorder and social phobia while notifying the public through social networking services (SNS) that he has been summoned as a witness," and expressed disagreement with the video examination.

Ahn's attorney also argued, "It is difficult to understand the claim that a person with social phobia and panic disorder is currently actively conducting business," adding, "This restricts the defendant's right to cross-examination and imposes disadvantages regarding the burden of proof on the defendant."