Insurrection special prosecutor urges Supreme Court to rule on motion to recuse judges in Choe Sang-mok case

A single judicial recusal motion has stalled the first-instance trial for eight months

The special prosecutor investigating the insurrection case has urged the Supreme Court to rule on a motion seeking the recusal of judges in the case of former Deputy Prime Minister Choe Sang-mok. According to a Yonhap News report on the 8th, the team of special prosecutor Cho Eun-seok issued an official statement that day, requesting that the Supreme Court expedite a recusal ruling that has been under review for more than four months. The first-instance trial has been suspended for roughly eight months since Choe's legal team filed the recusal motion, questioning the impartiality of the bench.

As the recusal proceedings have dragged on, the special prosecutor's office voiced concern that the delay could undermine the search for the truth. The arguments in the case have been separated, leaving only the proceedings against the former deputy prime minister on hold. The special prosecutor's public criticism of the delay is interpreted as an effort to highlight that the trial hiatus is effectively determining the pace of the entire case.

Why the trial is at a standstill

The judicial recusal system is a procedure that allows a party to request the removal of a particular judge from a case when that judge is deemed unfit to preside over it. Once such a motion is filed, the judge in question must halt proceedings until a ruling is made. Because the Supreme Court holds the authority to decide on recusal motions, trials at lower courts cannot resume unless the Supreme Court acts.

The problem is that the ruling is taking far longer than expected. As the special prosecutor has pointed out, the recusal review in this case has already exceeded the Supreme Court's average review period. Choe is one of the key defendants referred to trial on insurrection charges, among others. As the pace of proceedings diverges from that of his co-defendants, concerns about fairness within the same case are growing. In fact, other defendants, including former Prime Minister Han Duck-soo, are set to receive first-instance verdicts on the 26th.

Earlier verdicts and the legal gap created by trial delays

If some defendants in the same case receive verdicts first, the court will effectively disclose a substantial portion of its judgment on the case as a whole. This could allow the defendant awaiting the recusal ruling to argue that their opportunity for a proper defense has been substantially diminished. For the special prosecutor, on the other hand, prolonged delay puts increasing strain on the substantive foundations of the trial, including the weight of evidence, statutes of limitations, and witnesses' memories.

Given that this is an insurrection case, public interest is high. Because the trial will determine whether state power was unlawfully abused, procedural delay goes beyond a mere scheduling issue and directly bears on confidence in the judiciary. While the recusal system itself exists to safeguard a defendant's right to a defense, critics point out the paradox that prolonged rulings can end up infringing on the very right to a fair trial.

Which way will the Supreme Court rule?

If the Supreme Court rejects the recusal motion despite the special prosecutor's urging, Choe's first-instance trial is highly likely to resume immediately. Conversely, if the motion is partially granted or the proceedings remain suspended, the trial hiatus will only lengthen. Either way, the timing of the Supreme Court's decision has become the variable that will shape the entire case schedule.

With the review period having far exceeded the average time for recusal rulings, legal circles may see discussions on institutional reforms, such as setting a time limit for recusal proceedings or tightening the grounds for dismissing them. In the end, what remains is time. Attention is focused on whether the special prosecutor's warning—that the prospect of uncovering the truth grows dimmer with every delay—will change the speed of the ruling.