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Cho Kook, former Minister of Justice and professor at Dongyang University, and wife Chung Kyung-shim, who were indicted on corruption and private equity charges, appeared in the same court for the first time on the 3rd. Former Minister Cho, who used the “right to refuse statements (right to remain silent)” in last year’s investigation by the prosecution, said he will exercise the “right to refuse to testify” in court the same day. Subsequently, he repeated the words of “I will follow article 148 of the Criminal Procedure Law” to the question from the prosecution. It means that they will remain silent in accordance with the provisions of the Criminal Law, which stipulates the “right to refuse to testify against family members.”
In the legal profession, it is noted that Cho’s refusal to make a statement that day contradicts what he said in the past.
◇ “As a student of criminal law, he emphasized the importance of the right to refuse to make a statement.”
That day, former Minister Cho said, “President, as far as I know,” when the judge asked him “to raise your right hand and read the oath.” “I say one before taking the oath as a witness. If you attend as a witness and exercise your right to refuse to testify, you can reveal the reason for the call. “He said,” Let me read the reasons for the refusal to testify after the oath, “and the judge said,” Looking at the reading, I will determine if it is the reason for the vocation to refuse to testify. “After the oath, former Minister Cho read the explanatory letter he had prepared.
He said, “The defendant in court (Professor Jeong Gyeong-sim) is my spouse and my son’s name is also on the indictment,” he said. “It is not this court, but the current spouse is accused of accomplice and there is (another) trial in progress. In this situation, I will exercise the rights granted by the Law of Criminal Procedure (Ley de Enjuiciamiento Criminal) to the daily prosecutor’s office.”
Former Minister Cho said: “As a student of criminal law, I have emphasized the importance of the right to reject statements. However, there is a bias in the exercise of these rights.” I hope this prejudice does not work in court. “
◇ In the case of the prosecution investigation, Park Geun-hye, “Faced with the evidence, you must apply for an arrest warrant”
However, in March 2017, immediately after the prosecution summoned former President Park Geun-hye, Cho said on her social media: “I don’t know” and “I don’t know,” even with the evidence accumulated by the suspects Park Geun-hye and the spies. She said, “I have no choice but to request an arrest warrant.” He said he will now remain silent without even saying ‘no’ in the face of the evidence supporting his wife’s charges.
Last year, former Minister Cho had exercised his right to remain silent in the prosecution’s investigation. However, before the investigation, former Minister Cho said “investigation cooperation” in public at least four times. At a September press conference of the National Assembly, he said: “Of course, I will cooperate faithfully in the investigation of the allegation.”
◇ Prosecution “I distorted the facts through social networks and (rejection of statements) is a shame”
In response, the prosecution said: “(Former Minister Cho) exercised his right to refuse to make a statement during the prosecution’s investigation process.” “Former Minister Cho said he would say everything in court. It was the purpose of revealing the real truth through an active appeal in court. “
“Especially recently, (Cho’s former minister) distorted objective facts on social media outside of the courtroom and criticized prosecutors,” he said. “Aren’t we supposed to do our best to reveal what is true, rather than refuse to testify?”
◇ Judge “A witness is a person who listens and responds, not a person who says what he wants.”
In response, former Minister Cho said: “I will counter the accusation.” However, Judge Lim Jeong-yeop cut it with a single knife. Judge Lim said: “A witness is a person who listens and responds, not a person who says what he wants.”
