[사회]This week’s’first judge’s impeachment trial’ begins in earnest…What is the difference from the previous one?

[앵커]

The Constitutional Court is preparing for the first pleading for Deputy Judge Im Seong-geun this week, and the first judges’ impeachment trial in the history of constitution is in full swing.

Compared to the previous impeachment trial of the former President Park Geun-hye in 2017, the procedure is similar, but there are not many differences.

Reporter Park Seo-kyung organized it.

[기자]

Deputy Judge Im Seong-geun, who was the first judge to be on the impeachment trial after being involved in the judicial Nongdan incident, will be held at the Constitutional Court on the 26th.

The pleading preparation date is a procedure for clearing up future schedules or issues prior to the formal pleadings, and the parties are not obligated to appear in person.

While Vice-President Judge Lim is known to be considering whether to attend, Constitutional Judge Lee Dong-baek, former president of the Korean Bar Association, Kim Hyun-soo, and attorneys Chan-woo Kang were appointed as agents.

Three representatives of the prosecution committee of the National Assembly who handed over the impeachment prosecution bill to the constitution, including Yang Hong-seok, Lee Myung-woong, and Shin Mi-yong attorneys, have decided to take over.

Among them, Constitutional Justice Lee Dong-sup, Lee Myung-woong, and Shin Mi-yong attorneys were already debating as deputies on both sides during the impeachment trial of former President Park Geun-hye.

The judgment on the impeachment of former President Park, which ended on March 10, 2017, was held three times for three months, and 17 times for pleadings.

Although the reason for the prosecution is simpler than that of former President Park, the deadline for preparing for the defense of Judge Lim may be added several times as necessary.

Since it is the same impeachment trial, it follows a similar procedure, but there are many differences.

First of all, unlike the president, judges are not elected and have a majority, so the criteria for judging the severity of violations of the law may be different.

After the impeachment, former President Park was investigated and prosecuted by the prosecution, but Judge Lim was also prosecuted and even received a first trial decision.

In the case of Judge Lim, although he was sentenced innocent, the fact that unconstitutionality was found in the ruling served as the basis for the impeachment prosecution.

[양지열 / 변호사 : 형사 재판과 탄핵 절차가 완전히 성격이 다르고요. 헌법 위반은 되지만 형사처벌은 못하기 때문에 이 부분에 대한 책임을 묻기 위해서라도 탄핵 절차는 반드시 필요한 상황이고요.]

The big difference is that, while former President Park was decided to dismiss him during his term of office, Judge Lim will be judged as a former public official after his term expires on the 28th.

It is expected that the issue will be whether the request for impeachment against Judge Lim meets the formal legal requirements, which is why there is a high possibility of’dismissal’.

However, even if the decision to dismiss is made, the Constitutional Court is likely to be deeply concerned as it can contain opinions on whether or not the Constitution is violated.

This is YTN Park Seo-kyung.

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