The Supreme Court has denied a request by the fact-finding team under the Future Committee for Human Rights-Respecting Prosecution (Prosecution Future Committee) to view and copy trial records in the case of Kim Yong, former deputy head of the Institute for Democracy, the Democratic Party's think tank. The team said it will supplement its explanation of the necessity for access and reapply.
According to the legal community on the 9th, the Supreme Court on the previous day declined the fact-finding team's request for cooperation in viewing and copying records, which had been submitted to the court's First Division, currently hearing Kim's final appeal.
The Supreme Court did not specify its reasons for rejecting the request. The decision is interpreted as reflecting the court's practice of not allowing third parties without legal grounds to view records of ongoing cases. Under the current Criminal Procedure Act, access to trial records of proceedings still under way is limited to parties to the case, such as the defendant, defense counsel and victims.
"To carry out our related duties, we need to secure and review the prosecution's evidence records currently submitted to the court," the fact-finding team said in a press notice the same day. "We plan to reapply to the Supreme Court, specifically explaining the reasons why viewing and copying are necessary."
Kim's case is one of seven major cases selected for investigation by the Prosecution Future Committee, which launched on the 10th of last month. The fact-finding team conducts investigations into cases selected by the committee or additionally recommended in the future. However, controversy arose within the prosecution over the legal basis for the team's authority to obtain records.
Kim Min-a, a prosecutor at the Seoul High Prosecutors' Office, wrote in a post on the prosecution's internal network E-Pros on the 7th: "The Criminal Procedure Act only stipulates the right of access for defendants, defense counsel and victims. There is no basis whatsoever for the fact-finding team, which is not a party to the case, to view trial records." She added, "At present, guidelines from the Supreme Prosecutors' Office based on the justice minister's instructions alone are insufficient as a legal basis."
