On the 10th, Seoul Central District Court Division 38-3 (Chief Judge Choi Young-gak, Jang Seong-jin, and Su-young Su-young) held the first trial date for former President Shim on charges including engaging in important civil war missions.
The court criticized the special prosecutor's team for not yet inquiring with the relevant organizations regarding permission to view and copy related records requested by the defense, saying, "Have they not done anything?"
The special prosecutor's team said, "We need to discuss that, but we haven't finished it yet," and added, "We need to get a reply on how it can be viewed."
The court said, “Not only has there been a reply, but the special prosecutor has not even asked about it yet,” and pointed out again, “Who is the main person in charge of the special prosecutor?”
He then sighed, saying, "Isn't there an official document sent over the phone regarding inspection and copying? We filed the indictment in August, and there wasn't enough time. If there are restrictions on viewing and copying, the defendant can't see it, so what if the special prosecutor can't make a decision and doesn't even inquire with the relevant agencies?"
When the special prosecutor's team failed to prepare an opinion even on the trial preparation date last month, the court criticized the special prosecutor's team by asking, "Then what can the special prosecutor's team do today? What do you want them to do today?" and "What can we discuss?"
At the first trial on this day, former President Shim Woo-jung's side denied all charges, citing the appeal court ruling of former Justice Minister Park Sung-jae as the basis.
Former President Shim's side said, "Even in the appeal trial of former Minister Park's rebellion case, the dispatch of prosecutors to the Joint Investigation Headquarters was ruled not guilty as the contents of three phone calls between former President Shim and former Minister Park were not confirmed."
Regarding the list of prosecutors that the special prosecution team judged to be the list dispatched to the Joint Investigation Headquarters, they refuted that it was a list of prosecutors prepared to investigate charges of rebellion after martial law.
In fact, the prosecutors on the list were appointed as the head, deputy director, etc. of the Emergency Martial Law Special Investigation Headquarters, and it was also pointed out that since the head of the Martial Law Joint Investigation Headquarters is a general-level officer, there is no room for a prosecutor to become the head, deputy director, or deputy director.
Former President Shim's side said that the document in question was created around 4 p.m. on December 4, 2024, 12 hours after martial law was lifted, and that "even though the special prosecutor's team searched and seized USB devices several times, they were unable to confirm that the document was written on the night of December 3."
As for the other documents presented by the special prosecution team, he said, "It is a file that is simply translating the contents of the proclamation and the Eulji Exercise, etc., and is a file that is being modified, and looking at the format, it is not a document at the level that can be reported to the Prosecutor General."
Former Supreme Prosecutors' Office Planning and Coordination Department Director Jeon Jeong-gon (Chief Prosecutor), who was also brought to trial, also denied all charges.
Mr. A, an officer at the Emergency and Safety Office of the Supreme Prosecutors' Office (now the Public Prosecution Office), who appeared as a witness on this day, said of the document at the time, "At first, I thought it was a smoking gun when I did not see the contents, but upon closer inspection, it was a direct copy of the contents of the proclamation and the Chungmu Plan." He added, "It appears that it was not a reporting line report."
In addition, during the 2023 Ulchi Exercise, the Joint Chiefs of Staff heard that it would be good for prosecutors, not prosecutors, to come to the Eulchi Exercise, and reported this to former Prosecutor General Lee Won-seok, but explained that the information was not used afterward.
Mr. A said, “Former President Lee said, ‘Do not share this data with affiliated agencies or other employees.’ It was a problem in the previous government, so I think he told me to keep it well because it was sensitive.”
When asked whether the document in question was included in the report at the time of the declaration of martial law, he said, "It was not included. It was meant to be kept because it was written, not to be actively utilized."
Former Prosecutor General Shim Woo-jung was sent to trial on charges of considering dispatching prosecutors to the Martial Law Joint Investigation Headquarters under the direction of former Minister Park Sung-jae when martial law was declared.
There are also suspicions that he was involved in discussing ways to respond to crimes that fall under the jurisdiction of military courts immediately after the declaration of martial law and in drafting a document on ‘jurisdiction for trials under emergency martial law.’
Former Chief Prosecutor Jeong Moo-gon is accused of assisting former Prosecutor General Shim as the head of the Planning and Coordination Department of the Supreme Prosecutors' Office during the martial law period and being involved in drafting jurisdictional documents and discussing jurisdiction under martial law.
