[Yang Sung-tae's Influence Peddling in the Judiciary] Yang Sung-tae and Cheong Wa Dae's Conspiracy on Won Sei-hoon's Trial

Circumstances revealed that the Supreme Court under Yang Sung-tae had exchanged opinions with Cheong Wa Dae in the Park Geun-hye government before and after the ruling in the appellate trial of Won Sei-hoon (67), former director of the National Intelligence Service (NIS) who was involved in the secret agency’s online comments and attempts to intervene in the presidential election. Cheong Wa Dae expressed its "great discomfort" when the court sentenced Won to prison, and the Supreme Court even planned a strategy to take advantage of Won's trial to introduce the final appellate court, which was the biggest issue at the time. The allegation of a so-called "blacklist of judges," an investigation of the judges' tendencies and actions by the Supreme Court, was also confirmed. The latest discoveries show that the separation of the three powers stipulated in the Constitution and the independence of the judges were undermined, shocking judges in courtrooms nationwide.

On January 22, an investigation committee of the Supreme Court (chaired by Min Jung-gi, chief judge at the Seoul High Court) announced the investigation results including such details. According to the document titled, "Actions in Various Fields in Connection to the Ruling of Former NIS Director Won Sei-hoon," released by the committee, Cheong Wa Dae had asked about the prospect of the ruling in Won's appellate trial on the violation of the Public Official Election Act and the National Intelligence Service Korea Act. The court responded, "We informed them that the Office of Court Administration (under the Supreme Court) was trying to obtain the thoughts of the judges using indirect methods." The Supreme Court had tried to find out the judges' thoughts and deliver this information to Cheong Wa Dae even before the ruling was made. This document was written on February 10, 2015, the day after the ruling in the appellate trial.

When the court sentenced Won to prison, Woo Byung-woo (51), former Cheong Wa Dae senior secretary for civil affairs, expressed his discomfort at the Office of Court Administration and the document went on to show a glimpse of how Woo actually took over the trial. The document continues, "He (Woo) expressed his great discomfort at the judiciary and asked that the judiciary quickly proceed with the appellate procedures and present the issue before the court en banc if there was any possibility of reconsidering the conclusion in the future."

The Office of Court Administration did not push away Cheong Wa Dae's request. Instead, it reviewed the direction of their political response. The document states, "The ruling in the (Won's) appellate trial remains, and the power of BH (Cheong Wa Dae) in dominating state affairs is weakening. If we switch our way of thinking, the Supreme Court can actually hold the initiative now."

This raises suspicions that the Supreme Court tried to sign a big “deal” by "listening" to the wishes of Cheong Wa Dae in connection to case on the intelligence agency's intervention in the presidential election with online comments, a sensitive issue for the Park Geun-hye government, in exchange for Cheong Wa Dae's cooperation in adopting the final appellate court, which Yang Sung-tae, the chief justice of the Supreme Court, tried to introduce.

This day, documents suggesting that the Supreme Court under Yang had investigated the court judges were also released. A document titled, "Plans of a Regular Inspection of Courts on Every Level" written by the office of planning and coordination at the Office of Court Administration on August 24, 2016, suggests that the court also inspect judges on areas other than work-related matters. In particular, it states the need to collect a broad range of information on judges including unofficial routes, such as placing a credible "base judge" in each court. The Office of Court Administration also thoroughly collected information including the judges' personal social network accounts, ideological tendencies, external activities, personalities and family relations in addition to the posts on Courtnet, the court's intranet.

The committee pointed out, "If an official overseeing court administration collected a wide range of information on the judges, analyzed and assessed their ideological tendencies, personal relationships and actions, and drew up documents on measures in response to these people just because the judges criticized or opposed judicial policies, the existence of such a document itself, regardless of whether such measures were put into practice or whether these judges suffered any disadvantages, holds the probability of having a negative influence on the independence of the court."

On his way home from work this day, Kim Myung-soo, the chief justice of the Supreme Court said, "We are currently reviewing the report. After careful consideration, we will determine and announce our position soon."

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