Lee Ha-sang, attorney for former Minister of National Defense Kim Yong-hyun, briefs reporters regarding the detention order. Yonhap News

Criticism is mounting that the court has excessively restricted the right to legal representation and the right to defense by rejecting the appeals of attorneys for former Minister of National Defense Kim Yong-hyun, who were subjected to detention orders for their activities in court.

On the 10th, the Seoul High Court dismissed the detention appeals filed by attorneys Kwon Woo-hyun and Lee Ha-sang, who represent former Minister Kim. In this process, the court ruled that the 'trusted person accompaniment system' is solely for victim protection and cannot be applied to former Minister Kim.

However, the decision is difficult to escape criticism for its overly narrow interpretation of the defense rights and the right to counsel of a former Minister of National Defense appearing as a witness. The defense team raised issues regarding due process and the protection of rights during the witness examination, but the court did not accept these arguments.

The court deemed the grounds for detention sufficient, citing that the attorneys disobeyed orders to leave the courtroom despite lacking spectator passes and continued to speak even after the judge's admonishments.

Nevertheless, some argue that it was an excessive measure to interpret the attorneys' objections in the criminal proceedings solely as 'disruption of order' and immediately resort to restricting personal liberty.

Furthermore, all claims of procedural illegality in the detention trial raised by the attorneys were also rejected. In response, some legal professionals are raising concerns that the judiciary, which should be stricter in ensuring defense rights for cases with significant political implications, is instead causing a chilling effect.

Previously, on the 19th of last month, the attorneys raised an issue based on the 'trusted person accompaniment system,' stating their intention to accompany former Minister Kim, who was a witness in the trial of former Prime Minister Han Duck-soo. A conflict arose with the court during this process. The court then immediately issued detention orders, and the attorneys appealed these orders, but their appeals were not accepted.

Regarding this matter, Park Ju-hyun, president of the Korean Association of Free Lawyers, stated, "There is criticism that judges are acting as agents of the political purges of the Korean leftist regime, as pointed out by President Trump, and given the US's moves towards sanctions against the special prosecutor and Korean judges, the measures to revoke attorneys' rights and proceed to detention constitute an abuse of discretion. It is also inappropriate for judges to reveal political bias and emotions, and this is the height of inappropriateness occurring in the courtroom."

This decision re-ignites serious debate and concerns about how far the judiciary will allow legal representation in trials involving key figures in the government and security, and whether judicial neutrality and procedural leniency are sufficiently guaranteed in political cases.

Editorial Department, Hankook-Ilbo