Senior judge criticizes release of 3 high-profile suspects

By Lee Kyung-min

A senior judge openly criticized the recent release of three high-profile suspects, saying many judges remain “confounded by this unacceptable decision.”

The comment came after Seoul Central District Courts Criminal Division Chief Judge Shin Kwang-yeol released former defense minister Kim Kwan-jin, his deputy Lim Kwan-bin and the former acting head of the Korea e-Sports Association surnamed Cho last month.

The three, who were arrested following court-issued arrest warrants, sought a review of the legality of their warrants, claiming a different judge at the court was unjust in having issued them.

Kim and Lim were allegedly involved in the military-led online smear campaign that helped former President Lee Myung-bak.

Cho, who was suspected of embezzling 100 million won ($91,000) in association funds donated by Lotte Homeshopping, allegedly conspired with former aides of Jun Byung-hun, a former presidential secretary for political affairs. Jun is the first close aide to President Moon Jae-in to face a corruption allegation.

In a message posted on facebook, judge Kim Dong-jin of the Incheon District Court said he has never encountered such an “unacceptable” decision in his 19-year legal career.

“I have recently discussed the release with my colleagues, none of whom agreed with the logic the district court followed,” he said.

“Given the decision _ widely rejected by many judges _ is being delivered by a particular senior judge, and has such far-reaching impact to the working-level officials in the city, why should anyone criticizing this be labeled as politicizing the issue?”

The judge took a step further in what is considered criticizing the Supreme Court Chief Justice Kim Meong-su, who earlier said lawmakers should not “attempt to politicize court rulings based on self-interest.”

“Maintaining the independence of rulings is the principle judges should uphold,” he said during a commemorative ceremony at the Supreme Court, Friday.

Kim’s remark came on the heels of a barrage of criticism from ruling party lawmakers against Shin’s release of Kim and Lim, which posed a major setback to the prosecution’s efforts to question Lee, a major drive to “eradicate accumulated social ills” under the Moon administration.

The Incheon district court judge, in reponse, said, “Criticism against the release should not be reduced to launching a political attack. It is hypocritical to praise the beautiful clothes of a naked king.”

“I think the chief justice should have kept quiet on this issue. I do not understand what changes he seeks, while allowing judges to make such nonsensical rulings.”

Releasing the former defense minister and his deputy, Shin said they both reserved the right to self defense as it was debatable whether what he was accused of could constitute a crime after taking into account his statements and the prosecution’s presentation of what it believed made its case. Shin also said they do not pose a flight risk and they are not likely to destroy evidence.

Shin released Cho, saying the prosecution putting Cho under emergency arrest following late-night questioning was illegal.

Seeking an emergency arrest should be allowed in limited cases where the suspect poses such a high risk of fleeing or destroying evidence before a court issues arrest warrant. Shin said Cho, who voluntarily submitted to questioning, posed neither.

While releasing a key suspect from custody in a high-profile case following a separate review is rare, Shin has the sole and full discretion to do so.

Shin’s decision is final and the prosecution cannot appeal it. Last year, of the 2,406 people who filed the same request, only 15 percent, or 367 people, were released.