"Not for dispatch to the Joint Investigation Headquarters, but for post-martial law investigations"
Cites Park Sung-jae's acquittal on appeal as grounds
Court rebukes special counsel team over access to evidence records

Shim Woo-jung, former prosecutor general indicted on suspicion of taking part in an insurrection during the Dec. 3 emergency martial law, denied all charges at his first trial on Tuesday. The court criticized the second comprehensive special counsel team led by Kwon Chang-young for failing to resolve issues concerning the defendants’ request to inspect and copy the evidence records.

Yonhap News Agency

Yonhap News Agency

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The 38-3 Criminal Division of the Seoul Central District Court, presided over by Judges Choi Young-gak, Jang Seong-jin and Jeong Su-young, held the first trial on Tuesday for Shim and Jeon Moo-gon, former director of the Planning and Coordination Department at the Supreme Prosecutors’ Office, on charges including performing key duties in an insurrection.


Shim’s legal team denied the charges, citing the appellate ruling in the case of Park Sung-jae, former justice minister. It said the appellate court acquitted Park of charges related to the dispatch of prosecutors to the Martial Law Joint Investigation Headquarters, noting that the contents of phone calls between the two men had not been verified.


Shim’s legal team also argued that a document identified by the special counsel team as a list of prosecutors slated for dispatch to the Joint Investigation Headquarters was actually a list drawn up to investigate insurrection allegations after martial law was declared. “The prosecutors on the list were in fact appointed as heads and deputy heads of the Special Investigation Headquarters for Emergency Martial Law,” the team said. “The document was also drafted at around 4 p.m. on Dec. 4, 2024, about 12 hours after martial law was lifted.”


Regarding another document presented by the special counsel team, the defense argued that it was an unfinished document that merely copied the martial law proclamation and details of the Ulchi exercise, and was not of a level that warranted reporting to the prosecutor general. Jeon’s legal team, which is also defending a co-defendant, likewise denied all charges.


A staff member from the Supreme Prosecutors’ Office’s Emergency Safety Officer’s Office, who appeared as a witness on Tuesday, also testified about the documents in question: “They appear to have simply copied the contents of the martial law proclamation and the Chungmu Plan, and were not reports intended to be submitted through the reporting line.”


The court criticized the special counsel team on Tuesday for not even contacting the relevant agencies regarding the defendants’ request to inspect and copy the evidence records. “Did you do nothing at all?” the court asked. “The indictment was filed in August, and there was enough time. What are you supposed to do if the special counsel team neither makes a decision nor contacts the relevant agencies?”



Shim was indicted on charges of considering the dispatch of prosecutors to the Joint Investigation Headquarters at the direction of Park during martial law and being involved in drafting a document concerning trial jurisdiction under emergency martial law. Jeon is also accused of being involved in drafting and discussing related documents.


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