Transcript of Remarks at the 13th Trial of Tablet Defamation Appeal

[*This transcript of remarks was prepared solely from the handwritten notes of some attendees at the 13th trial of the Tablet Defamation Appeal Tribunal on August 22, 2024, and from memory. Therefore, there may be some errors in the exact statements and timing].

At 3:30 p.m., the trial begins. There are no observers in the courtroom, and only Media Watch Editor-in-Chief Hwang Ui-won and former Editor-in-Chief Lee Woo-hee enter first. After the court baliff stops the observers, he first reports to the presiding judge.

[Judge Um] Did you bring many people?

[Hwang Ui-won, Editor-in-Chief of Media Watch] Are you saying I brought people?

[Judge Um]  (To the bailiff) Please let them in. (To the audience) If you obstruct the trial, I will ask you to leave the court. Please respond.

[All attendees] Yes.

Chief Judge Um is calling the roll for Editor-in-Chief Hwang Ui-won and former Editor-in-Chief Lee Woo-hee.

[Judge Um] I see that defendant Hwang Ui-won has filed a written opinion. You also filed a motion to exercise the right of elucidation and to record the trial. None of them are admitted.

[Hwang] Your Honor, is there such a law without explaining a valid reason?

[Judge Um] The reason is that it is not needed. Are you good?

[Hwang] Shouldn't the review of opinion, motion to inspect evidence, and call witnesses be agreed upon with the sitting judges? Can you do this without proper consideration? Is there such a law?

[Judge Um] I read them all. I read it and decided it was not needed.

[Hwang] Why do you deny the request for recording?

[Judge Um] Because there is room for the recording to be used for other purposes.

[Hwang] The opinion submitted this time supports the defense's position, even according to the National Forensic Service’s forensic evidence submitted by the prosecution. So, the matter requires a thorough review. In particular, we believe that National Forensic Service researcher Shim Gyu-song should be called as a witness. Has the prosecution read this opinion?

[Prosecutor Kim] Why is the defendant asking me directly about this?

[Hwang] Can’t I ask directly? If the court has read the opinion and all the exhibits but dismisses them without giving a proper reason, I don't feel the need to stand trial here. I will leave.

After submitting a separate opinion, Hwang prepares to leave the courtroom while putting away his papers and bag.

[Judge Um] Defendent Hwang Ui-won, stay where you are. You cannot leave. 

[Hwang] No, I must leave.

[Judge Um] I’ll conclude the proceedings here if you leave now. 

[Hwang] I can't stand this kind of trial anymore. Please mark me as non-attendance. 

[Judge Um] (lowered voice) How did I tell you to act when speaking in a courtroom?

[Hwang] How should I act? 

[Judge Um] I told you to stand up and speak.

(Hwang stands up)

[Judge Um] Do you find my trial funny?

[Hwang] What?

[Judge Um] Do you find my trial funny? Why are you laughing?

[Hwang] Did I laugh?

[Judge Um] Do you find this funny? Do you? Please remain in the courtroom. I will now conclude the argument. Prosecutor, would you like to question the defendant?

[Hwang] I must leave. 

The court bailiff physically blocks Hwang from leaving.

[Judge Um] Please remain in the courtroom. I’ve asked three times. Stay. Prosecutor, please speak.

[Hwang] Is it right to restrict the physical liberty of a defendant like this? I believe it's my right to leave.

At this point, some of the observers, including Oh Young-kook, a representative of the Truth Commission on Tablet Issue, expressed their anger, saying, “What kind of a trial is this?” The judge locked up two observers in a room next door. Hwang brushes off the court bailiff and leaves the courtroom.

[Judge Um] (to the stenographer) The defendant, Hwang Ui-won, has left the courtroom despite three orders to remain, so we will conclude the argument as it is. Prosecutor, what sort of sentencing do you seek? 

[Prosecutor Kim] I ask for a three-year sentence for Hwang Yi-won and a two-year for Lee Woo-hee.

(Judge Um calls Lee Woo-hee)

[Judge Um] We are about to end the trial. Do you have any last words?

[Lee Woo-hee, former Editor-in-Chief of Media Watch] I look forward to a fair trial. That’s all.

[Judge Um] (in a visibly softer voice) I believe your situation differs from that of Byun Hee-jae and Hwang Ui-won. The prosecution has also filed an appeal against you.  If your position is identical to Byun Hee-Jae and Hwang Ui-won, you will be punished the same way. Do you still wish to be judged in the same manner as both of them? Last time, I asked defendant Oh Moon-young what he had thought in the past and what he thinks now. How about you? 

[Lee] I am now running a farm with my parents in the countryside after leaving Media Watch. But I have no shame whatsoever about writing articles and publications about the tablets under my name while I was in office. This case completely changed my attitude toward the Korean media, prosecutors, courts, and political power. Regardless of the verdict, my opinion remains unchanged.

[Judge Um] So are you saying JTBC, Son Seok-hee manipulated the tablet PC?

[Lee] This case has progressed a lot now, and it's difficult to answer whether JTBC simply manipulated it. It also involves prosecutors... 

[Judge Um] So you're saying the situation is too complex to untangle? All right, I'll take it that you're siding with Byun Hee-jae and Hwang Ui-won. I'll wrap up the arguments for Hwang Ui-won and Lee Woo-hee. The trial for the defendant, Byun Hee-jae, will continue on October 29 at 3:30 p.m. Please return.

[* The remarks below were made before MediaWatch’s editor-in-chief Hwang departed from the courtroom, and despite recounting the situation, we were unable to pinpoint the exact moment in time, so we are posting them separately. ]

[Judge Um] Didn't the defendants promise to come with an attorney last time?

[Hwang] The nature of the case makes it difficult to appoint counsel. The attorney we are planning to appoint is here in the room.

During the back-and-forth between Hwang and Judge Um, Song Young-gil, a representative of the Sonamu Party, who was in the audience, raised his hand to speak.

[Song] Your Honor, I am preparing to serve as defense counsel for defendant Byun Jae. May I speak briefly about the trial process? This is a case in which a defense attorney must be present. 

[Judge Um] (Cutting off Representative Song) No, you may not.