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Former president Park Geun-hye attends the first hearing of her trial at the Seoul Central District Court on May 23. (Photo Pool)

On Apr. 16, former South Korean president Park Geun-hye submitted documents to the court waiving her right to an appeal. In so doing, Park made clear that she will not cooperate with an appeals court any more than she did with the district court. But since the prosecutors have appealed and since the court also has the authority to decide which matters to review, Park’s appeals trial is expected to proceed smoothly.

Park submitted her appeal waiver to the Seoul Central District Court, which invalidates the request for an appeal that her younger sister, Park Geun-ryeong, submitted on Apr. 13. The Criminal Procedure Act authorizes the defendant’s spouse, siblings, lineal relatives and original lawyer to appeal on behalf of the defendant, provided that this does not contradict the defendant’s wishes.

The fact that Park has waived her appeal does not mean that an appeals court will not hear her case. On Apr. 11, the prosecutors appealed the district court’s acquittal of Park on a charge related to 22 billion won (US$20.5 million) in bribes that Samsung gave to the Mir and K-Sports foundations and to the Korea Winter Sports Elite Center. An appeals court typically rules on the grounds for the appeal and does not consider the arguments of a party that did not appeal.

But even though the grounds for appeal submitted by former presidential chief of staff Kim Ki-choon were invalidated because he missed the deadline prescribed in the Special Prosecutor Act, the third criminal division of the Seoul High Court (under Hon. Cho Yeong-cheol) used its prerogative to review the entire trial. The Criminal Procedure Act states that the court has the authority to review matters that are not included in the grounds for appeal if they have a bearing on the decision.

By Kim Min-kyung, staff reporter

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