* Translated by AI

Starnews

Is he out of his mind? Court: "You can even perform a musical in the citizen participation trial." The side of South Gyeongju, who made the sexual assault victim cry twice, laughed [Star Issue]

Updated:

Kim Nara

*This content was translated by AI.

Musical actor South Gyeongju. 2022.08.09 /Photo=Star News
Musical actor South Gyeongju. 2022.08.09 /Photo=Star News

The side of the victim in the sexual assault case involving musical actor South Gyeongju (62) has made her cry twice.

On the morning of the 26th, the Criminal Consolidated Division 29 of Seoul Seocho District Court (Presiding Judge Eom Gi-pyo (Director)) held the first pre-trial hearing for South Gyeongju, who is accused of sexual intercourse with a subordinate. Since there is no obligation for the defendant to appear at the pre-trial hearing, South Gyeongju did not attend.

Originally, this case was assigned to Criminal Division 13, which is handled by a single judge, but the court reassigned it to a consolidated division through a financial consolidation procedure. Financial consolidation is a process in which the court, considering the seriousness of the matter such as when there are complex issues, changes a case that would normally be heard by one judge into a case heard jointly by three judges.

On this day, the legal representative for victim A stated, "I will make a few comments regarding the defendant's opinion statement. Although it is being argued as if this case should go to a citizen participation trial in principle, we (the victims) do not think so. Just as the defendant has the right to request a citizen participation trial, the wishes of the victim must also be respected. We hope the court will carefully consider whether this case should indeed be referred to a citizen participation trial. The reason the victim cannot help but worry is that it appears the defendant intends to evade the judge's decision by going to a jury trial. Furthermore, since this was originally a single-judge case, we hope the court will carefully consider why only this case is being moved to a consolidated division and then to a citizen participation trial. We hope the court will show respect for sexual assault victims."

On the other hand, South Gyeongju's legal representative stated, "I would like to express our desire for a citizen participation trial." He continued, "First, as the victim's lawyer mentioned, we fully respect the reasons why the victim wishes to exclude a citizen participation trial. However, while this is indeed a sexual assault case, it is more about the relationship between the defendant and the victim—specifically whether there was a subordinate-supervisor dynamic—rather than a typical coercion or abuse of authority case. The issue is that the influence the victim claims the defendant had over her seems too vague and abstract. We have doubts about what specific influence the defendant could have exerted over the victim and whether such a positional relationship existed, and we plan to focus our arguments on this point. We intend to concentrate on questions regarding the objective nature of the relationship between the defendant and the victim at the time, rather than engaging in secondary victimization or asking questions that induce shame. This is precisely the kind of case where we wish to be evaluated based on common sense and social norms as judged by the public."

After a five-minute recess, the trial resumed, and Presiding Judge Eom accepted South Gyeongju's request. He explained, "As a result of our deliberation, while it is true that the citizen participation trial system has structural limitations in fully protecting victims as the victim's side claims, this trial is also one that the defendant is undertaking with his entire life at stake. Therefore, we have decided to accept the opinion of the defense and proceed under the citizen participation trial procedure."

Accordingly, it was decided that the citizen participation trial will take place on November 27 and 30. The court outlined that on the first day, documentary evidence would be examined and witnesses requested by South Gyeongju's side would be summoned for questioning, while on the second day, victim testimony, deliberation procedures, and sentencing proceedings would be conducted.

Presiding Judge Eom stated, "In a citizen participation trial before jurors, persuading the jurors is crucial, so I believe both sides should have autonomy in how they present their arguments. We are willing to allow any form of presentation during testimony, as long as it does not amount to insult, condemnation, or threat toward the other party."

However, at that moment, Presiding Judge Eom remarked, "It would be perfectly fine even if you perform a musical using your expertise."

At this moment, South Gyeongju's legal representative burst into laughter, while the victim's lawyer firmly responded, "We will testify as we are. There is no need to mention a musical."

Additionally, Presiding Judge Eom asked South Gyeongju's legal representative, "Has it been decided that a broadcasting company will film this? Occasionally, filming does take place." In response, South Gyeongju's legal representative said, "We will follow the court's decision. (South Gyeongju) hopes to proceed even if it means enduring exposure regarding his own reputation or this matter."

Earlier last December, South Gyeongju was accused of sexually assaulting student A at a certain location in Seoul Seocho-gu. It is reported that A called 112 immediately after the incident. At the time, South Gyeongju denied the allegations during police investigation, but the police determined there was sufficient evidence and transferred the case to the Prosecution Service. Although South Gyeongju's side requested criminal mediation through the Prosecution Service in an attempt to reach a settlement, it reportedly failed due to the victim's refusal.

Meanwhile, South Gyeongju is a first-generation musical actor who debuted in 1982. Due to the controversy, he ceased all activities after October last year, concluding his performance in the musical "The Show! Silla-Gyeongju." Additionally, his position as an associate professor in the Department of Performing Arts (Musical Major) at Hongik University was terminated this March.

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*This content was translated by AI.

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