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Former Justice Minister Cho Kook refused to testify while attending the trial of his wife Chung Kyung-shim, a professor at Dongyang University on the 3rd. The court decided to admit the right to refuse to testify, but the prosecution’s daily keep going.
Former Minister Cho appeared as a witness in a continuing trial of the Criminal Division 25-2 of the Seoul Central District Court (Deputy Judge Lim Jeong-yeop) at 10 a.m. the same day as a witness for violations of the capital markets and laws. commercial financial investment.
When the judge requested that the testimony be read aloud, former Minister Cho asked: “Let me read the reasons for the refusal to testify after the oath.” In response, the judge replied: “By looking at the reading of the (Oath of the Witness), I will determine if it is the reason for the vocation for refusing to testify.”
After completing the oath, Cho read the written reasons for refusing to testify. He said: “This defendant is my spouse and my son’s name is on the indictment. Also, even though I am not in this court, I am being prosecuted as an accessory to my spouse and the trial is ongoing.” “I want to exercise the rights granted by article 148 of the Criminal Procedure Law.”
Article 148 of the Criminal Procedure Law, to which former Minister Cho refers, is the content of “ criminal responsibility of close relatives and refusal to testify ” and is the right to reject a testimony in which he or his family members are subject to criminal prosecution, prosecution or guilt. .
He continued: “As an expert in criminal law, I have emphasized the importance of the historical significance of the right to opt out,” he said. “But our society still has a prejudice in the exercise of rights. I hope that prejudice does not work in the courts other than other charges.”
The judge said: “The right to reject a statement must be revealed on the individual reasons, but as both the lawyers and the prosecution know this case, most of the facts are related to the prosecution.” Even if the prosecution refuses to testify on individual cases, the newspaper continues.
Meanwhile, former Minister Cho exercised his right to remain silent in the prosecution’s investigation into irregularities in children’s entrance exams last year. Meanwhile, during the related trial, he had a dispute outside the court of law, such as raising his position through social media, and received a warning from the court upon hearing the corruption charges in the entrance exam last month, saying “Be careful”.
Reporter Go Seok-hyun [email protected]
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