Hwang Kyo-ahn, Charged with ‘Incitement to Insurrection,’ Files Motion to Recuse Bench over ‘Obstruction of Yoon’s Arrest,’ Citing ‘Unfairness’

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[Financial News] Hwang Kyo-ahn, former Prime Minister of South Korea, who has been indicted on charges of incitement to insurrection, has filed a motion to recuse the bench that handed down a ruling in the case over former President Yoon Suk Yeol’s alleged obstruction of arrest.
According to the legal community on the 23rd, Hwang filed a motion on the 20th to recuse the panel of Criminal Agreement Division 35 of the Seoul Central District Court, which is currently hearing his insurrection-incitement case. The division is headed by Baek Dae-hyun, chief judge of Criminal Agreement Division 35 at the Seoul Central District Court.
Under the Criminal Procedure Act, a defendant or prosecutor may file a motion to recuse the bench if there is concern that a judge may not conduct a fair trial. The system is intended to safeguard the impartiality of judicial proceedings.
In a phone call with a reporter, Hwang argued, "The way the trial is being conducted is unfair, including the poor acceptance of evidence and the scheduling of hearing dates," and added, "Having seen what the presiding judge did in relation to former President Yoon, I concluded that I cannot expect a fair trial, so I filed a recusal motion."
The recusal motion will be reviewed by the 21st Criminal Agreement Division of the Seoul Central District Court, presided over by Judge Lee Hyun-bok. Until that review is completed, the underlying trial will be suspended. If the court grants the motion, a different panel will be assigned to hear the case; if it is denied, the existing bench will continue the proceedings.
In 2024, after the December 3, 2024 declaration of martial law by former President Yoon Suk Yeol, Hwang posted a message saying, "We must, this time, completely eradicate the pro–North Korea Juche faction that has ruined the country and the forces behind alleged election fraud," and, "We must also root out the forces behind election fraud once and for all this time. Arrest Woo Won-shik, Speaker of the National Assembly. Arrest Han Dong-hoon of the People Power Party, who is directly obstructing the president’s measures." He is accused of using these statements to incite insurrection. He also faces charges of locking the door to block the execution of a search-and-seizure warrant by the Special Prosecutor Team for Insurrection and Treason, led by Special Prosecutor Cho Eun-seok, thereby obstructing the investigation.
theknight@fnnews.com Jung Kyung-soo Reporter