"Inappropriate for President to Order Inspection in Trial Related to Himself"
President Lee Jaemyung expressed regret over the mass walkout by prosecutors during the trial of former Gyeonggi Province Vice Governor for Peace, Lee Hwayoung, in the "Salmon and Alcohol Party Perjury Case," and ordered a thorough investigation and inspection. Since President Lee issued a specific directive regarding an incident that occurred during a trial related to his own case, significant repercussions are expected.
The "Salmon and Alcohol Party Perjury Case" emerged as a suspicion during the investigation into Lee Hwayoung's alleged illegal remittance to North Korea. Lee Hwayoung received a final sentence of seven years and eight months from the Supreme Court, and President Lee was also indicted in connection with the case. However, following the presidential election, the related trial has been suspended.
On November 27, there was a wave of critical responses from the legal community regarding President Lee's directive to inspect the prosecutors who filed a motion to recuse the judge and walked out en masse. A lawyer who previously served as a chief prosecutor commented, "Although it is rare, there have been cases where prosecutors walked out in protest of the court's incomprehensible trial proceedings. In such cases, has the president ever once ordered an inspection? Has the government ever responded this strictly to defense attorneys who made insulting remarks to judges?"
He further stated, "It is understandable that the government's policy is to criticize the prosecution as part of prosecution reform. However, it seems inappropriate for the president to issue (investigation and inspection) directives regarding a trial that has been suspended due to his own related case."
On November 25, prosecutors from the Suwon District Prosecutors' Office filed a motion to recuse the judge during a pretrial hearing at the Suwon District Court Criminal Division 11 (Presiding Judge Song Byunghoon), after the court rejected most of the witnesses they requested. The prosecutors argued that "the court effectively directed us to abandon our efforts to establish the facts by not providing sufficient opportunity to present evidence."
The court had decided to proceed with this case as a jury trial. The controversy arose when the prosecution requested all correctional officers responsible for escorting Lee Hwayoung to the prosecution office during the two months in question as witnesses, based on their claim that a salmon and alcohol party had occurred. The court accepted only a very small number of the prosecution's requested witnesses and rejected most of them.
A chief prosecutor remarked, "If the trial began based on allegations that there was an alcohol party during the investigation, it is only natural to thoroughly investigate all correctional officers responsible for escorting the defendant during that period. If protesting the court's refusal to do so is subject to inspection, how can any prosecutor actively participate in a trial?"
As of the morning of November 27, it was confirmed that the Ministry of Justice had not yet issued any specific inspection orders regarding the prosecutors involved. Minister of Justice Jeong Seongho stated at the National Assembly's Legislation and Judiciary Committee the previous day, "It is extremely rare for prosecutors to file a motion to recuse a judge. Filing such a motion and immediately walking out is somewhat excessive and problematic."
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