National Assembly's Legislation and Judiciary Committee holds comprehensive audit Monday
Lawmakers question appellate court's not-guilty verdict in Oh Se-hoon case
'Impeach Jo Hee-dae' and 'absurd ruling,' critics say
Court administration chief Noh Kyung-pil: 'No one can interfere'
Noh Kyung-pil, chief of the National Court Administration, said Monday that "no one, including the chief justice, can interfere in lower court proceedings," pushing back after ruling party lawmakers criticized the judiciary over the appellate acquittal of Seoul Mayor Oh Se-hoon in a poll-payment case.
Noh made the remarks at a comprehensive audit of the National Assembly's Legislation and Judiciary Committee, responding to questions from Democratic Party of Korea lawmaker Lee Sung-yoon. Lee cited the reversal of Oh's conviction on political funds law violations — from guilty at trial to not guilty on appeal — as well as significantly reduced sentences handed down on appeal to former Justice Minister Park Sung-jae and others standing trial on insurrection-related charges. "They are conducting political trials as if they were emperors, playing political games," Lee said, and went on to say, "I believe impeachment is the only answer for Chief Justice Jo Hee-dae — what do you think?"
Noh replied that while the chief justice heads judicial administration, "no one, including the chief justice, can or does interfere in lower court proceedings." He added that each panel of judges independently determines guilt or innocence and sets sentences based on evidence and the facts of the case, and that neither the Supreme Court nor the court administration had any involvement.
Noh also said he found it "somewhat inappropriate" to characterize the rulings as the work of "Chief Justice Jo Hee-dae's judiciary."
Democratic Party lawmaker Kim Ki-pyo also weighed in on the appellate ruling in Oh's case, calling it "an absurd verdict." "The logic is so muddled it can barely be called a ruling from a high court," Kim said. "If the courts want to survive, the Supreme Court must judge on logic alone, not political interests."
Noh said it was "not appropriate" for the court administration chief to comment on individual cases, but added that "if there is any legal problem with the ruling, it can be fully corrected through the appeals process."
Seo Young-gyo, the Democratic Party chairwoman of the Legislation and Judiciary Committee, also told Noh to "go and compare the first- and second-instance rulings." Seo said she had been leading an investigation into the so-called Myung Tae-kyun gate scandal and claimed that "the evidence was overwhelming, yet the court acted strangely."
Seoul High Court's Criminal Division 7, presided over by Judge Gu Hoe-geun, acquitted Oh on Friday on charges of violating the Political Funds Act. Former Deputy Mayor Kang Cheol-won and businessman Kim Han-jeong, a donor indicted alongside Oh, were also found not guilty.
Oh was indicted without detention last December on allegations that, ahead of the April 2021 Seoul mayoral by-election, he commissioned political broker Myung Tae-kyun to conduct polling and, in collusion with then-Deputy Mayor Kang, had businessman Kim cover the approximately 33 million won ($24,900) cost on his behalf.
The trial court found that Oh had commissioned the polling from Myung and asked Kim to pay the costs, sentencing him to a fine of 10 million won — a penalty that would have cost him his mayoral seat. The court also ordered the forfeiture of 21 million won, equivalent to the cost of five polls for which the proxy payment was recognized.
yg@heraldcorp.com
