[사설] Impeachment of the first judge is concerned about shaking the independence of the judiciary

In addition, controversy is intensifying as the Democratic Party decided to impeach the Busan High Court chief judge Im Seong-geun, who was involved in the allegations of judicial nongdan. The proposal for impeachment of a judge is the third in constitutional history, and this is the first for a front-line judge who is not a Supreme Court Justice. However, the ruling party’s pursuit of impeachment should be withdrawn immediately, as it does not meet the original purpose of the impeachment system and is highly likely to violate the independence of the judiciary and justice.

Judge Lim is a party accused of writing a column related to former President Park Geun-hye’s “Seven Hour Suspicion of the Sewol ferry” and engaging in writing the judgment in a Japanese reporter’s trial, accused of defamation. The ruling party is pushing for impeachment, saying, “The court judged it as unconstitutional.” However, in this case, a legal dispute is underway at the appeal trial. It cannot but be doubted that it is political intent to pretend to be true and to cry out for impeachment on an issue that has not yet been confirmed.

In addition, the court sentenced Judge Im not guilty, saying, “There is room for disciplinary reasons, but it cannot be viewed as abuse of authority.” Therefore, even if there was an unconstitutional act, this cannot be the reason for impeachment. Under the Constitutional Court Act,’when there is a reason for a request for an impeachment trial’ is a violation of the law that is serious enough to justify the dismissal of a public official. However, impeaching a judge who has not even been convicted of abuse of authority is a clear violation of the criminal justice system. If Judge Im, who gave up reappointment, retires in February, the effectiveness of impeachment is also questionable.

The ruling party’s impeachment irrationality may be due to its intention to tame the judiciary, which ruled against the regime, such as Gyeongnam Governor Kim Gyeong-soo, former Justice Minister Cho Kook’s wife, Professor Jeong Gyeong-sim, and Prosecutor General Yoon Seok-yeol’s trial. It may have been aimed at the effects of pressure on the remaining trials, such as the suspicion of former Minister Cho’s prosecution muma and child entrance exams, intervention in the Ulsan mayoral election, and suspicion of the Wolseong nuclear power plant. However, if the 174-seat ruling party threatens the judiciary with impeachment, which should be decided according to the law and conscience, there is a great risk that the independence of the trial will collapse and the separation of powers and the foundation of the law will be shaken.

Judicial justice should not be damaged because of the elected parliamentary power. Anti-democratic behavior of impeaching judges for power like dictatorships such as Turkey and Hungary must be prevented.
[ⓒ 매일경제 & mk.co.kr, 무단전재 및 재배포 금지]