"Seemingly Disregarding the Court"... General Counsel Criticized for "Inadequate Preparation" in Trial

The second comprehensive independent counsel team led by Kwon Chang-young has once again been criticized by the court for insufficient trial preparation.

The 38th Criminal Settlement Division of the Seoul Central District Court (Presiding Judges Chang Sung-jin, Jung Soo-young, and Choi Young-gak) rebuked the independent counsel team during a continued preparatory hearing today (October 28) for former President Yoon Suk Yeol and former National Security Office Director Shin Won-sik on charges including abuse of authority and obstruction of rights, stating, "It seems as though you are ignoring the court."

This remark came after the independent counsel team failed to bring proper responses to requests for clarification made by former Director Shin's legal team regarding the facts of the indictment.

During a preparatory hearing held last September, former Director Shin's legal team argued that the independent counsel team must supplement and explain the specific basis for concluding that the "purpose of subverting the national constitution" and "riots," which are elements of the charge of engaging in important missions of insurrection, had occurred.

The court had asked the independent counsel team to "submit an opinion paper containing general responses by the next hearing to clarify the issues of the case," but the team failed to prepare a response.

The independent counsel team stated, "The matters requested by defendant Shin Won-sik appear to be something that should ultimately be determined through evidence examination," arguing that there was no need to answer the request for clarification.

In response, the court pointed out, "Even if you do not have an obligation to clarify every single item, the court itself found parts of the indictment unclear or missing, and thus instructed you to submit a general response opinion," adding, "It feels as though this was disregarded."

The court repeatedly demanded clarification from the independent counsel team, asking, "Does the indictment mean that Yoon gave instructions to Kim Tae-hyo (former 1st Deputy Director of the National Security Office) while Shin Won-sik concurred from the side, or does it mean they acted together toward Kim Tae-hyo and Shin Won-sik?"

When the independent counsel team replied, "It means they gave instructions together," the court stated, "If so, isn't the phrase 'Shin Won-sik listened and tacitly agreed' in the indictment itself unnecessary? Please clarify the intent of the prosecution."

The court further instructed, "Regarding defendant Shin Won-sik's charge of engaging in important missions of insurrection, the description of the purpose of subverting the national constitution and its basis is missing from the indictment," adding, "Please supplement the indictment."

The legal counsel for former President Yoon completely denied the charges of instructing the National Security Office and the Ministry of Foreign Affairs to convey messages to major friendly nations such as the United States, the United Kingdom, Japan, and the European Union (EU)—to the effect that the emergency martial law was justified—immediately after the declaration of the December 3 emergency martial law.

The defense attorneys argued that the instructions specified in the indictment were either never given or constituted ordinary diplomatic duty performance.

The court decided to conclude the trial preparation procedures today and hold the first formal trial on the afternoon of November 13.

Unlike preparatory hearings, defendants are required to attend formal trials.

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.