[단독]Kim Jin-wook criticized the dismissal of the current impeachment…”If this is the case, dismissal is impossible”

Kim Jin-wook’s decision to dismiss former President Roh Moo-hyun’s impeachment in a past thesis was made by candidate Kim Jin-wook, chief of the Office of Crime Investigation “I saw the impeachment requirements too strict”It was confirmed that they showed a negative position.

Yoon Han-hong, a member of the National Assembly’s Legislative Justice Committee, obtained a thesis published in Justice, an academic journal in August 2017, when Candidate Kim was a Constitutional Court researcher and released the entire contents on the 11th. With the title of 『The Significance of Violation of the Constitution or Law as a Requirements for Impeachment』, this article presents an academic perspective by comparing and analyzing the decisions of the Constitutional Court in the case of former Presidents Roh Moo-hyun and Park Geun-hye’s impeachment prosecution.

Candidate Kim said at the introduction, “For Roh, the Constitution rejected the request for an impeachment trial because the violation of the law was not significant, even though the Constitution recognized violations of the three constitutions or laws, but former President Park Geun-hye impeached that the seriousness of the violation was recognized.” And wrote.

Next, referring to the requirement for impeachment prosecution,’when the Constitution or the law is violated in the execution of his/her duties’ (Article 65, Paragraph 1 of the Constitution), “The Constitution collectively refers to violations of the Constitution and laws in the case of the impeachment of President Roh, and is collectively referred to as’violation of the law. And it was not appropriate to judge the materiality. On the other hand, former President Park wrote that the Constitution was faithful to the text of the Constitution and judged it on the basis of’violation of the constitution or law.’

In addition, while citing the reasons Roh’s decision to dismiss his impeachment in 2004, “It does not correspond to an active violation of the parliamentary system or the electoral system”, and “I did not have an active intention to go against the basic order of liberal democracy.”This is an interpretation that considers the impeachment requirements too strict, making it virtually impossible to destroy them.I said. “Under the current democratic system, there can be no other leader who wants to go against the Constitution.”

Former President Roh was impeached for violating the neutral duty due to his remarks such as “Please support the Uri Party in the general election” made at an interview in February 2004, but the constitution said, “It violated the Public Official Election Act,” and said that it was active and planned. He dismissed it, saying it was not enough to dismiss it.

On the other hand, in March 2017, the former President Park, who was admitted to the impeachment trial due to the’Government Nongdan Choi Soon-sil’ incident, dismissed him, saying, “He committed a serious violation of the law from the viewpoint of defending the constitution.”

Candidate Kim said, “The worse the motive or purpose of the actor is (e.g., suppression of opponents, etc.), and the more it is intentional than negligence, the more hostile will or attitude toward the constitutional order from neglect of the constitutional order. As it moves forward, the possibility that the seriousness of the violation of the law will be recognized will increase.”

Rep. Yoon said, “As Candidate Kim recognizes the repression of opposition forces as a requirement for the presidential impeachment, If President Moon Jae-in uses the airlift as a crackdown on opposition party personnel, this could be the reason for the president’s impeachment.You have to keep in mind,” he argued.
Reporter Hyun Il-hoon [email protected]