Prosecutors requested an arrest warrant for an attorney for former Minister of National Defense Kim Yong-hyun on charges of causing a disturbance in court.
According to legal sources on the 18th, the Seoul Central District Prosecutors' Office requested an arrest warrant the previous day for attorney Kwon Woo-hyun, which had been sought by police. Kwon is counsel for the former Minister.
The incident occurred in Nov. last year when the Criminal Agreement Division 33 of the Seoul Central District Court (presiding judge Lee Jin-kwan, senior judge) held a hearing in the case charging former Prime Minister Han Duck-soo with aiding and abetting the leader of insurrection, among other counts. Attorneys Kwon, counsel for former Minister Kim who appeared as a witness at the time, and attorney Lee Ha-sang are accused of refusing to leave the courtroom after requesting to have a person in a relationship of trust sit in and, when that was denied, causing a commotion in court.
The court ordered the two attorneys to leave and ordered 15 days of confinement. But the attorneys refused to state their personal details in the confinement proceedings, leaving their identities unconfirmed, and they were released that day from the Seoul Detention Center. The two later appeared on a YouTube channel and criticized Senior Judge Lee.
Kwon was additionally sentenced to five more days of confinement in Dec. last year. Remarks made in the earlier confinement hearing—"Are you trying to fight this?" and "See you at the CIO"—were at issue.
After giving notice of re-execution, on Feb. 3, the court executed the confinement order against attorney Lee Ha-sang after the hearing in former Minister Kim's case on charges of obstruction of official duties by deceit concluded. The two attorneys appealed the confinement orders but were rejected.
However, Kwon did not appear at the hearing at the time, so the confinement was not executed, and because he continued not to appear in court, the deadline to execute the confinement expired on the 4th. Under Supreme Court rules, confinement cannot be executed three months after the confinement ruling is delivered.
Separate from executing confinement, the National Court Administration reported former Minister Kim's attorneys to police on charges including contempt of court and defamation.
After reviewing the arrest warrant sought by police, prosecutors were said to have concluded that Kwon's remarks and actions at the time exceeded the bounds of exercising the right to defense. Prosecutors also submitted a brief to the court to that effect and plan to take the same position at the pretrial detention hearing.
In Jan., the Seoul Central District Prosecutors' Office also petitioned the Korean Bar Association to initiate disciplinary proceedings, taking issue with the fact that the former Minister Kim's attorneys refused an order to leave, caused a disturbance in court, and made personal attacks against the presiding judge. After the bar association dismissed part of the disciplinary petitions, prosecutors filed an objection.
President Lee Jae-myung also expressed concern in Nov. last year over some attorneys' personal attacks and conduct toward the judiciary and judges.