(November 9, 2023) The first trial of the damages lawsuit filed by Byun Hee-jae, CEO of Media Watch, against President Yoon Seok-yeol and Justice Minister Han Dong-hoon in connection with the investigation into the fabrication of the "Second Choi Soon-sil Tablet" (the tablet submitted by Jang Shi-ho to the special prosecutor) was held at 10 a.m. on the 9th in Courtroom 479, Dongwan, Seoul Central District Court.

In July of this year, Byun Hee-jae filed a lawsuit for damages totaling 150 million won against President Yoon, Justice Minister Han, 2nd Assistant Chief Prosecutor Park Joo-sung of the Incheon District Prosecutors' Office, Kim Young-cheol of the Anti-Corruption Division 1 of the Supreme Prosecutors' Office, attorney Jung Min-young, and five others who were part of Team 4 of the special prosecution that investigated "Second Choi Soon-sil Tablet" during Park Geun-hye's impeachment. Byun claims the defendant’s evidence tampering investigation led to his conviction on defamation criminal charges in a lawsuit filed by JTBC. 

At the courtroom, hosted by the 104th Civil Division (Presiding Judge Lee Hoe-ki), Byun Hee-jae appeared in person without a lawyer. Meanwhile, attorneys from the law firm Yulwoo appeared on behalf of Yoon Seok-yeol, Han Dong-hoon, Park Joo-sung, and Kim Young-chul, and attorneys from the law firm Deok-soo on behalf of Jeon Min-young.

Byun explained that the purpose of the lawsuit is to claim damages for the defendants' (Special Prosecutor's Investigation Team 4) manipulation of the Jang Shi Ho tablet (the 'second Choi Soon Sil tablet'), which led to his conviction in the first trial of the JTBC defamation criminal trial. 

"Through numerous civil lawsuits and fact-finding, we obtained evidence of (the manipulation) and eventually discovered that the second Jang Shi Ho tablet was manipulated by Yoon Seok-yul and Han Dong Hoon's Special Prosecutor's Team 4," he said.

"I never imagined the prosecution's evidence tampering during the JTBC defamation trial," he said. Byun further emphasized that "if I had the same (tampering) evidence as now, I would have naturally pleaded not guilty (based on prosecution's evidence manipulation), and I would not have been convicted."

"The most important issue in the trial is the L-shaped lock, and we have scientifically proven that the L-shape of the two tablets (the 'first Choi Soon-sil tablet' and the 'second Choi Soon-sil tablet') was tampered with,  and yet the defendants are deliberately avoiding answering this question, he added. Byun requested the court to demand accurate answers from the defendants. 

"Our basic position is that there is no causal relationship between the defendant’s alleged illegal acts and their convictions in the defamation case," the defense responded. "We also believe that the evidence and the accusations of investigation manipulation are not true," the defense added. 

The court showed interest in Byun's claim and asked, "Did you commission the forensics to an outside expert?" To which Byun replied, "I referred it to a top expert organization called the Cyber Forensics Expert Association, which concluded that the tablet was tampered with." The court also asked specific questions, such as, "Is there a separate forensic result from the special prosecutor's office, but (the special prosecutor's office) is not submitting?" Mr. Byun responded, "They have done (forensics) of their own, but they never provide the results even when the court requested it."

The court pointed out that "the question of whether the tablet PC was manipulated is a factual matter, and the issue of causation is a legal one." 

"(Causation) can be judged legally because both sides have shown their positions. If there is room for more hearings, I think the truth can be revealed through the debate on whether the tablet PC was tampered with as the plaintiff claimed," the court added.

"First of all, I would like the plaintiff to answer to the extent possible about the part where the plaintiff asks for clarification. The plaintiff’s request for clarification is not completely unreasonable, so I would like the plaintiff to answer clearly to the extent possible," the court said.  

When Mr. Byun stated that he would request evidence through fact-finding such as forensics at the time of the defendant's special prosecution, the court replied, "The plaintiff has stated its intention to request witnesses, but this will be decided at a later date after other things are proven." 

The next trial date, which will contest the investigation manipulation of the 'Second Choi Soon-sil Tablet' by Yoon Seok-yeol and Han Dong-hoon, is set for January 18, 2024, at 11:30 a.m. in the same courtroom.