South Korea: Court Reopens Detention Trial for Lawyers’ Contempt

Seoul Central District Court to Address Contempt by Kim Yong-hyun’s Lawyers After Failed Detention Execution Due to Missing Personal Data

The Seoul Central District Court’s Criminal Division 33 (Presiding Judge Lee Jin-kwan) decided to reopen the detention trial for the lawyers of former Defense Minister Kim Yong-hyun, who were released on the day their detention was to be executed after being sentenced for court disruption.

On the 24th, during the trial of former Prime Minister Han Duck-soo on charges of aiding and abetting insurrection, Presiding Judge Lee stated, “Regarding the previous detention trial, the detention decision will proceed as planned. We will confirm the personal details of the lawyers in accordance with legal procedures and execute the detention under the conditions requested by the Seoul Detention Center.”

Earlier on the 19th, during Han’s trial, Kim’s lawyers, Lee Ha-sang and Kwon Woo-hyun, requested permission for Kim—who was testifying as a witness—to sit with a trusted person, such as a lawyer, as permitted under the Criminal Procedure Act for crime victims. However, Judge Lee rejected the request, stating, “Former Minister Kim is not a crime victim.” The two lawyers were subsequently expelled after attempting to speak from the spectators’ seats.

The court held a separate detention trial for the two lawyers the same day, sentencing them to 15 days of detention. However, since the lawyers refused to provide their names and resident registration numbers, the court sent the detention execution order to the Seoul Detention Center without properly documenting their personal details. When the center requested corrections, citing “unidentified personal information,” the court replied, “There is no way to verify further details,” and released the lawyers that night.

Judge Lee revealed that during the closed-door detention trial, the lawyers openly criticized the court. He stated, “There were acts of contempt of court during the detention interrogation. One lawyer, identified as Kwon, said to the court, ‘Are you trying to fight?’ and ‘Let’s take this to the Corruption Investigation Office for High-ranking Officials (Corruption Investigation Office for High-ranking Officials).’” Judge Lee added that these remarks constituted separate violations of court order and contempt, warranting another detention trial.

 

South Korea: Court Reopens Detention Trial for Lawyers’ Contempt