Former Prime Minister Hwang Kyo-ahn, who was indicted on charges including incitement of insurrection, sought to recuse the trial panel, but the court rejected the request.
The 21st Criminal Division of the Seoul Central District Court (presiding judge: Chief Judge Lee Hyeon-bok) on the 4th dismissed former Prime Minister Hwang's motion to recuse the 35th Criminal Division of the Seoul Central District Court (presiding judge: Chief Judge Baek Dae-hyeon). Accordingly, the 35th Criminal Division will continue to hear Hwang's case. However, there remains a possibility that Hwang's side will appeal the dismissal.
Hwang filed the recusal motion on the 20th of last month, saying he "cannot expect a fair trial." The 35th Criminal Division previously sentenced former President Yoon Suk-yeol to five years in prison in a case involving charges including obstructing the arrest by the Corruption Investigation Office for High-ranking Officials.
Hwang argued that there had been unfair conduct of the proceedings, including not accepting a significant portion of the evidence submitted or prejudging guilt or innocence. He also said that his difficulty accepting the panel's decision in the former president Yoon's case influenced the recusal motion.
Hwang was indicted without detention in Dec. 2024 on charges of posting a message supporting martial law after former President Yoon declared emergency martial law on Dec. 3, 2024 (incitement of insurrection). The indictment also includes a charge of obstructing the execution of a warrant by special public officials (interference with special official duties) during the special counsel for insurrection's search and seizure of his residence.