A court has ruled that the non-disclosure of real names and job titles of defendants in the 1,206-page first-instance trial ruling involving former President Yoon Suk Yeol’s insurrection ringleader charge is unlawful, according to the Seoul Administrative Court.
Legal Challenge to Non-Disclosure of Trial Records
The Seoul Administrative Court’s Administrative Division 7, led by Senior Presiding Judge Kang Woo-chan, ruled in favor of the plaintiff in a lawsuit filed by People’s Solidarity for Participatory Democracy (PSPD) against the President of the Seoul Central District Court, according to court documents released today. PSPD challenged the Seoul Central District Court’s refusal to disclose public information regarding the trial records. According to the court, the Seoul Central District Court’s practice of categorically prohibiting general citizens from inspecting and copying unconfirmed criminal trial rulings is unlawful, and the extent of public information disclosure must be reassessed.
In March, the court published the 1,206-page first-instance trial ruling regarding the insurrection ringleader case on its website, but major details including names and official titles were redacted, leaving former President Yoon listed only as “Defendant E,” according to the case record. PSPD subsequently requested the disclosure of the unredacted ruling containing real names. The Seoul Central District Court rejected the request, citing concerns over privacy infringements and asserting that the documents did not fall under the disclosure targets specified by the Official Information Disclosure Act.
Did You Know? The 1,206-page first-instance trial ruling concerning the insurrection ringleader charge was published on the court’s website last March with key identifiers, including the former president’s name, anonymized as “Defendant E.”
Court Rejection of Blanket Bans on Unconfirmed Records
PSPD filed a lawsuit in April to compel the disclosure of real names and titles from the first-instance ruling, arguing that public disclosure is necessary from the perspective of constitutional defense and the severity of an insurrection charge, according to case filings. The Seoul Central District Court argued during the proceedings that because the Criminal Procedure Act contains no provision explicitly allowing general citizens to inspect and copy unconfirmed trial records, such access must be interpreted as prohibited. However, the administrative court panel rejected this defense.
The administrative court stated that the Criminal Procedure Act provisions do not explicitly prohibit general citizens from inspecting and copying unconfirmed criminal trial records, but rather leave the relevant regulations in a state of regulatory vacuum. The bench noted that interpreting the law to impose an absolute prohibition on public access in all cases would risk violating the constitutional principle of prohibiting excessive restrictions. The court ordered that the Seoul Central District Court must re-examine the request and make a new decision regarding the disclosure and the degree of disclosure in accordance with the procedures and requirements set forth by the Official Information Disclosure Act.
Frequently Asked Questions
What did the court decide regarding the trial records?
The Seoul Administrative Court ruled that the non-disclosure of real names and job titles in the first-instance trial ruling was unlawful and ordered a re-evaluation of the information disclosure request.
Who filed the lawsuit against the court?
The lawsuit was filed by the People’s Solidarity for Participatory Democracy (PSPD) against the President of the Seoul Central District Court.
How was former President Yoon identified in the original published ruling?
In the 1,206-page first-instance ruling published on the court website in March, former President Yoon Suk Yeol was designated as “Defendant E” with redacted personal and official information.
What impact might this administrative court ruling have on future requests for public access to unconfirmed criminal trial documents?
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