The trial of Moon Jae-in, accused of using his presidential position to secure employment for his former son-in-law at a specific airline in exchange for benefits, resumed after a six-month hiatus.
The 21st Criminal Division of the Seoul Central District Court, led by Judge Jo Soon-pyo, held the fifth pre-trial hearing on July 14 for Moon, who faces bribery charges under the Act on the Aggravated Punishment of Specific Crimes, and Lee Sang-jik, a former lawmaker accused of bribery and breach of duty.
Although the pre-trial hearing does not require the defendant's presence, Lee appeared in the defendant's seat wearing a light blue prison uniform.
The hearing transitioned to a public trial immediately after it began. The court stated, "The previous court had conducted the preparatory procedures in private under the Criminal Procedure Act, but unless there are special circumstances that would significantly hinder the process, it is principled to hold it publicly," allowing members of the public to attend with both parties' consent.
During the six-month pause, the presiding judge was replaced due to retirement, leading to a significant amount of time spent organizing existing evidence and reconfirming both parties' positions.
In court, the prosecution and defense engaged in a heated debate over the prosecution's so-called 'economic community' theory and the appropriateness of the investigation.
Moon's legal team strongly criticized the prosecution for including irrelevant details in the indictment, claiming it misled public opinion. They argued, "Initially, the prosecution investigated allegations of improper support related to the appointment of former Chief of Staff Cho Hyun-ok, but when the causal relationship was severed, they resorted to a broad bribery charge claiming that a job was provided to the son-in-law in exchange for presidential duties."
They added, "This case should have been dismissed due to lack of evidence, but the prosecution constructed a framework of economic community to force a charge. They thoroughly investigated acquaintances who had any banking transactions, only to prove that there was no economic community at all."
Additionally, the defense addressed the prosecution's claim of 'compensation' amounting to 217 million won for salary and housing expenses, stating, "If this amount is not recognized as part of the salary listed in the indictment, we need clarification on whether it will be included in the charges. The two bribery allegations are legally incompatible, so the prosecution must formally amend the indictment."
In response, the court remarked, "This is not formally or logically correct. The court makes judgments based solely on the indictment, not on the opinion papers," and requested the prosecution to clarify discrepancies between the opinion papers and the indictment by the next hearing.
Conversely, the prosecution maintained that they filed the charges after conducting a lawful investigation and thorough legal review, asserting that the evidentiary purpose of the submitted evidence had already been sufficiently established.
The court accepted the 12th opinion paper from Moon's team, which criticized the prosecution for alleged abuse of search and indictment powers, labeling it as 'targeted investigation.' The court also requested the defense to submit a detailed rebuttal to the 'economic community' claim within three weeks.
Discussions also took place regarding the possibility of a citizen participation trial, which Moon's team expressed interest in. The court indicated, "In principle, we should conduct a citizen participation trial according to court rules," but acknowledged practical limitations.
Judge Jo noted, "If there are 30 to 50 witnesses, it will be difficult to maintain the schedule due to the nature of trials with juries. Both the prosecution and defense should quickly narrow down the witnesses based on importance and fatigue levels."
The court plans to finalize the decision on whether to proceed with a citizen participation trial after receiving additional opinion papers from both sides over the next three weeks, followed by decisions on evidence exclusion and witness selection.
The next pre-trial hearings are scheduled for August 18, August 25, and September 22.
Previously, the prosecution determined that Moon received approximately 217 million won in bribes from August 2018 to April 2020 after securing the employment of his former son-in-law at Thai AirAsia, a company where Lee was a major shareholder, in exchange for Lee's appointment as the head of the Small and Medium Business Corporation.
* This article has been translated by AI.
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