▲ Former broadcasting and telecommunications commissioner Choi Si-jung, a top regime official who was once called a mentor to President Lee Myung-bak, closes his eyes and lowers his head as reporters ask him, "Where did you use the money you received?" before he is questioned on a warrant at the Seoul Central District Court in Seocho-gu, Seoul, South Korea, on April 30, 2018. Choi was arrested and indicted on Aug. 18 for allegedly receiving 800 million won in connection with soliciting a license for the Fi-City development project. ⓒ Yoo Seong-ho  最新

23rd, 10am. At Seoul Central District Court No. 425, a trial was held to decide whether or not former Communications Commissioner Choi Si-jung should be arrested. Choi was indicted on Aug. 18 for allegedly receiving 800 million won ($780 million) in connection with soliciting a permit for the Fi-City development project.

Choi was not present at the trial, however, as he had been undergoing "aortic aneurysm surgery" at Samsung Medical Center in Ilmun-dong, Gangnam-gu, Seoul, since 7 a.m. that morning. The presiding judge, who was informed of his surgery late in the day, expressed his "embarrassment," and even the prosecutor bowed his head in "regret." 

Even the judge who will decide whether to enforce detention is "baffled" by Toro

Justice "I summoned the defendant, and I found out during the summoning process that he was already undergoing surgery in the hospital. It's unusual to go to the hospital before a decision on whether to issue a restraining order. What's going on?"

Inspection "The restraint is still in place, and there is a detention center staff member at the hospital. Article 37 of the Law on the Treatment of Detainees ('Law on the Execution of Sentences and Treatment of Detainees') says that a detainee can be taken to an outside hospital at the discretion of the head of the detention center."

Your Honor "Did the defense know?"

Defence counsel "I knew about it after the application for provisional measures."

The presiding judge "The detention center is not under the jurisdiction of the court, so the court doesn't know until you tell them. I'm a little bit confused, because I was going to get the opinion of a specialist judge on the urgency and necessity of the surgery that the accused needs to undergo, and then decide whether or not to release him."

Prosecutor "I found out on Monday (21st) afternoon through the Ministry of Justice that you went to an outside medical appointment without being seen and consulted at the detention center, because according to the regulations, it is not under the direction of the prosecutor.... I apologize for the embarrassment to your Honor."

Your Honor "I know that's what the rules are, but.... I'm going to proceed with the hearing without the defendant because I need to hear from him about his recovery time and hospitalization to determine whether or not he's going to be arrested."

 Choi had already been scheduled for surgery for an aortic aneurysm on April 14, before he was indicted. He explained that he had a pre-existing aortic aneurysm and that his condition worsened rapidly while being investigated by the prosecution. However, it was pointed out that this was a "maneuver to avoid detention." Choi's camp countered that "the cardiovascular surgery had been scheduled even before the prosecution investigation."

However, prosecutors filed an indictment against Choi, the MB government's top official, on March 18. However, Choi applied for a stay of execution of his detention on Nov. 21, three days after he was detained, and underwent surgery at Samsung Medical Center on Nov. 23, before a decision was made on whether the stay would be lifted.

The Seoul Detention Center, which decided on Choi's surgery, explained, "According to the judgment of the detention center's own medical staff, he was deemed to need medical treatment and was approved for transfer to an outside hospital."   

"If the surgery requires a 20-day hospital stay, the arrest warrant has ceased to be effective."

 There were 'grounds' for Choi to undergo surgery before the court could decide whether to use restraint. The 'Act on the Execution of Sentences and Treatment of Prisoners' (aka 'Prisoner Treatment Act')."

 Article 37 (Medical treatment at external medical facilities, etc.), paragraph 1 of the Prisoners' Treatment Act stipulates that "the (detention) warden may order a detainee to receive medical treatment at a medical facility outside the prison facility (external medical facility) if the warden deems it necessary for the proper treatment of the detainee." 

It is a provision that allows the director of the detention center to arrange for the detainee to receive medical treatment at an outside medical facility at his discretion. Citing this provision, there is also an opinion that Choi's surgery, which was performed before the decision on the detention order, cannot be considered illegal. 

▲ Choi Si-jung, the former chairman of the South Korean Broadcasting and Telecommunications Commission, a top regime official who was said to be a mentor to President Lee Myung-bak (file photo). ⓒ Yoo Seong-ho  最新

But it is doubtful that the decision to treat Choi in an outpatient facility would have been as easy if he had been a regular inmate, rather than a powerful person who was referred to as "MB Mentor. Even if the surgery he underwent was not illegal, it has been pointed out that it was a loss of "law enforcement equity." 

 Yong Jae Chung, the "prosecution sponsor" whose case in 2010 shook legal circles, has also applied for a pretrial detainer and a sentence detainer, both of which were denied. "Not only my spine and ankle, but my entire body was in bad shape and I needed surgery and hospitalization, but my two applications for suspension of sentence were rejected," he said.  

"If a detainee needs surgery, as former Commissioner Choi Si-jung did, it is right to let them have it. It can be done even before the decision on whether to use restraint is made. This is at the discretion of the head of the correctional institution. But would they do that if it was a civilian prisoner? Absolutely not. It's not fair (to law enforcement)."

In particular, Kim Yong-won, a former investigative prosecutor, raised the possibility of a "violation of the law. "Article 37(1) of the Prisoner Treatment Act is interpreted to be limited to temporary treatment, such as outpatient treatment," he said, "but given that Choi's surgery was heart-related and required a hospital stay of about 20 days, it should be seen that his surgery clearly stopped the effectiveness of the arrest warrant."

 It seems that Choi's surgery was carried out illegally under the guise of the law," said Kim, adding, "Although it is posthumous, the restraining order should be issued now so that this illegal state of affairs can be resolved."