Seoul High Court Chief: “Respect Decision to Suspend President Lee’s Trial ... Even the Court Chief Cannot Intervene”

[Financial News] Kim Dae-woong, chief of the Seoul High Court, said he respects the decisions of individual panels regarding the suspension of President Lee Jae-myung’s trial. He said that even as court chief, he cannot intervene in hearings before individual panels.
Chief Kim said at the National Assembly’s Legislation and Judiciary Committee audit on the 16th, responding to the suspension of President Lee’s trial, “There is no separate system for declaring a suspension, but I understand that the trial was suspended on the basis of Article 84 of the Constitution.”
Under Article 84 of the Constitution, the president may not be subject to criminal prosecution while in office, except for the crimes of insurrection or treason. However, interpretations remain divided over whether the provision also applies to criminal trials that are already underway after charges have been filed. President Lee’s trial has been suspended since his election as president.
People Power Party lawmaker Kim Tae-gyu criticized the decision, asking, “Without a separate system for suspending trials, isn’t simply not setting hearing dates effectively a suspension of the trial, as well as dereliction of duty and an abuse of authority over court proceedings?” He particularly argued, “If Article 84 of the Constitution is the basis for suspending the trial, there should be an explicit declaration of suspension,” and criticized the practice: “Not setting hearing dates is a workaround and could lead to problems such as dereliction of duty in the future.”
The panel’s position is that it took into account the public interest in allowing the incumbent president to perform his duties. Chief Kim also expressed agreement when asked about that position.
On whether the panel had committed dereliction of duty or abused its authority over court proceedings, he said, “Regarding the case in which complaints were filed against the judges involved, I personally do not think a crime has been established,” adding, “I believe they used the current system and did not act unlawfully.”
On whether the trial should resume, he made clear: “The court chief cannot intervene and does not intervene; it is a matter for the individual panel to decide.”


[email protected] Lee Chang-hoon Reporter