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Cho Jin-tae, executive director of the May 18 Memorial Foundation, speaks to reporters in front of the Gwangju District Court on Dec. 16. (Yonhap News)

“What is this? You need to bring Chun Doo-hwan in here and sit him down to be tried.”

The setting was criminal courtroom No. 201 at Gwangju District Court on the afternoon of Dec. 16. Five to six members of the gallery cried out as they watched the proceedings against former President Chun Doo-hwan, 88, who was indicted on charges of defaming the late Catholic priest Cho Pius. They continued to protest vehemently as they were restrained by courtroom security staff. “He claims not to remember? Send a doctor in from Gwangju to check him out,” cried one of them. They also complained to the judge that it was “unfair to have only the victim coming to the courtroom.”

Chun’s absence from the hearing that day by Judge Jang Dong-hyeok of the court’s eighth criminal division was an even hotter topic than the testimony of a helicopter pilot at the time of the bloody suppression of the Gwangju Democratization Movement. The public’s perceptions of him had taken a nosedive amid reports of his golf meeting and luxurious lunch. The prosecution and defense carried on their battle both inside and outside the courtroom.

Representing Chun, attorney Jeong Ju-gyo went on the offensive just before the hearing, claiming that Chun’s absence was “suggested by prosecutors.” Jeong presented an opinion submitted to the court on May 24 of last year.

“We initially requested a transfer so that Mr. Chun could be tried at his place of residence. At the time, the prosecutors argued that the incident was so minor that Mr. Chun could be tried in absentia,” he explained.

“His absence is not in violation of court procedures. If the court demands his presence, he will obviously comply,” he added.

In response, prosecutors said that they had “never deemed the incident to be ‘minor’ or proposed a trial in absentia,” calling the claim that they had been first to suggest Chun’s absence “a unilateral distortion.” They also said it had been a “stretch” to cite a provision in the Criminal Procedure Act (Article 277-3) while submitting materials to the court to support its decision to oppose a transfer of jurisdiction.

“The decision to have a trial in absentia was made at the request of the defendant and with the permission of the court,” the prosecutors said. “Prosecutors are not allowed to intervene and would have no reason to make such a suggestion.”

The verbal battle continued inside the courtroom. Prosecutors insisted to the judge that Chun be present for the next hearing, noting that “while he had claimed to be unable to come to Gwangju because of Alzheimer’s disease and physical difficulties, his recent activities suggest there are no problems with his health.” They went on to stress, “As someone who has been the president, he must appear as the law dictates.”

The defense countered that the matter of Chun’s presence was unrelated to the substance of the trial.

“The witness questioning is proceeding properly. The issue is to determine whether there was gunfire from helicopters [during the events in Gwangju],” Jeong said. “Let’s not muddy the waters.”

“[Chun] is not attending because he was granted permission by the court. He will be present at the sentencing,” he added.

After the exchange, the judge announced that the next hearing would be held on Feb. 10 of next year. He did not mention whether Chun would be requested to attend.

Chun’s absence from the hearings has been the subject of criticism after footage surfaced showing him enjoying a luxurious lunch costing over 200,000 won (US$171.65) a plate at a Chinese restaurant in Seoul on Dec. 12 with fellow orchestrators of a December 1979 military coup, and keeping an accurate tally of scoring during a round of golf on Nov. 7 at a course in Hongcheon, Gangwon Province.

Meanwhile, property of Chun’s that had been preserved for over three decades at Baekdam Temple in Inje, Gangwon Province, was confirmed on Dec. 16 to have been recently removed. The temple cleared away the items from its Hwaeomsil room, where Chun stayed in seclusion for a 13-month period beginning in 1988. The preserved items included the clothing, toiletries, mirror, quilt, vanity, candlestick, and washing basin used by Chun and his wife during the retreat period.

“We heard from officials with Baekdam Temple that Chun’s items in storage had been removed. We are not aware of the specific time and place of the removal,” an official with Inje County said.

By Ahn Kwan-ok, Gwangju correspondent, and Park Soo-hyuk, Gangwon correspondent

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