Court Criticizes Special Prosecutors' Team at Former Prosecutor General Shim Woo-jung's First Hearing
As former Prosecutor General Shim Woo-jung stood trial for the first time on charges including 'engaging in major insurrection duties,' the Seoul Central District Court on the 10th criticized the special prosecutors' team investigating the case for inadequate preparation.
On the 10th, the 38-3 Criminal Division of the Seoul Central District Court (Chief Judges Choi Young-gak, Jang Sung-jin, and Jung Soo-young) held the first hearing for Shim on charges including engaging in major insurrection duties. Regarding the defense's request for permission to inspect and copy case records, the court noted that the team led by Deputy Special Prosecutor Kwon Chang-young had not even made inquiries with the relevant institutions, asking, "Have you done nothing at all?" When the special prosecutors' team explained, "That part needs to be discussed, but we haven't finished yet," the court retorted, "Doesn't that mean you haven't even asked yet, let alone received replies?" and pressed for the name of the person primarily in charge. "You were indicted in August, so time has not been short," the court said, adding, "If access and copying are restricted, the defendant can't even see the records. What are we supposed to do if the special prosecutors can't make a decision and don't even inquire?" At a pretrial hearing last month, the court had likewise rebuked the team for failing to prepare a written opinion, asking, "What can the special prosecutors actually do today?"
Meanwhile, Shim's defense denied all charges. Citing the appellate ruling in the case of former Justice Minister Park Sung-jae, they argued, "Even in the appellate trial of former Minister Park's insurrection case, the contents of three phone calls between Shim and Park were not confirmed, and the dispatch of prosecutors to the Joint Investigation Headquarters was ruled not guilty."
Shim's defense also countered that the list of prosecutors the special prosecutors' team presented as the dispatch roster to the Joint Investigation Headquarters was drawn up to investigate insurrection charges after martial law was declared. They argued that the prosecutors on that list had been appointed as chief and deputy chief of the martial law Special Investigation Headquarters, and since the head of the martial law Joint Investigation Headquarters was a general officer, there was no position for a prosecutor to serve as head, deputy head, or chief. Shim's side asserted that the document was created around 4 p.m. on Dec. 4, 2024, twelve hours after martial law was lifted, and that despite repeated raids and seizures of USB drives and other materials, the special prosecutors' team failed to confirm it had been drafted on the night of Dec. 3. Regarding other documents presented by the special prosecutors' team, they said they were files being edited that simply copied the content of martial law proclamations and the Chungmu Plan, and were not documents of a level that would warrant reporting to the prosecutor general. Former Supreme Prosecutors' Office Planning and Coordination Director Jeon Mu-geon, who was also indicted, likewise denied all charges.
Shim is charged with organizing the procedure for dispatching prosecutors to the martial law Joint Investigation Headquarters and preparing a list of prosecutors at the direction of former Minister Park when martial law was declared, as well as with discussing responses to crimes under military court jurisdiction immediately after martial law was imposed and participating in drafting a document on 'trial jurisdiction under martial law.' Former prosecutor Jeon Mu-geon is charged with assisting Shim in drafting the document on trial jurisdiction under martial law and participating in the jurisdiction discussions.
