“President Park Geun-hye, the respondent to the order, is to be expelled.”
March 10, 2017 @ 11:21am. This is the day when the Constitutional Court decided to impeach former President Park Geun-hye. In 2021, four years after Park’s impeachment was impeached. It is the atmosphere that the’countdown’ of the impeachment clock begins again. This time towards the judge.
2016 Heonna 1 President Park Geun-hye impeached.
The theory of impeachment of judges including Democratic Party representative Lee Nak-yeon
According to the Democratic Party of Korea on the 29th, Democratic Party lawmaker Lee Tan-hee plans to initiate an impeachment prosecution against the head of the Busan High Court, Im Seong-geun, who was involved in the allegations of the Judicial Nongdan. Rep. Lee said on Facebook that day, “I will fulfill my responsibilities until the end for the proposal and approval of the impeachment prosecution of a Judge Nongdan in order to defend the Constitution with my fellow lawmakers.” Representative Lee Nak-yeon also added to the theory of impeachment the day before, saying, “If you condone the unconstitutional act of a judge who should protect the Korean judicial system and ignore the request for impeachment prosecution, it will be abandonment of the National Assembly.”
The proposal for impeachment against judges is the third in the history of constitution, following Chief Justice Yoo Tae-heung in 1985 and Justice Shin Young-cheol in 2009. However, so far, the lawsuit for impeachment of judges has not been passed by the National Assembly.
Who is the Impeachment Chief Judge?
Deputy Judge Lim is accused of intervening in the trial of former Sankei Shimbun bureau chief Tatsuya Kato, who raised the suspicion of former President Park Geun-hye’s “Seven Hours” of the Sewol ferry after receiving a request from the former head of the Court Administration Department, Lim Jong-heon. The prosecution was charged with engaging in the trial, asking Judge Lee Dong-geun, who was the Judge of the 30th Criminal Division of the Central District Court in charge of the case by Judge Lim, who was the chief judge of the Seoul Central District Court, to include in the ruling that the content of the column was “unworked”. Abuse). Judge Lim, who was acquitted at the first trial in February last year, is scheduled to retire due to the expiration of his term on the 28th of next month.
‘Judge impeachment theory’ sentenced for the first trial
The reason why the’impeachment theory’ was raised against Judge Im, who was convicted of acquittal, was due to the conclusion of the first trial. The first trial court admitted Judge Lim’s involvement in the trial, saying, “It was an unconstitutional act that violated the independence of the judge.” However, he was not guilty to Judge Lim, saying that the act did not belong to the general authority of the chief criminal justice. It was also considered that there is no “existential authority” to intervene in the independent jurisdiction of individual judges at all. It is to the effect that there is no.
Im Seong-geun, Lee Min-geol, and Shin Gwang-ryul (from left) were involved in the Judicial Nongdan suspicion.
With the conclusion that it was unconstitutional, but punishable, the’impeachment of judges’ began to reignite. It also played a part in the fact that the highest judge’s disciplinary level under the Judges Discipline Act is only one year suspended. With the ruling party’s former judges as the main axis, chief justice Yang Seung-tae, the head of the Supreme Court, aimed at the judges who were involved in the allegations of Judicial Nongdan. Regarding the reason for the impeachment of the vice-president Judge Im, Rep. Lee Tan-hee said, “The trial of the first trial judged that the conduct of the vice-president Judge Im was against the Constitution.”
Deputy Judge Im’s side “It does not violate the constitution”
On the 29th, Deputy Judge Im said through lawyer Yoon Geun-soo, a lawyer, about the Democratic Party’s decision to pursue impeachment, saying, “The case of Judge Lim is fiercely engaged in factual relations and legal battles in the appeal trial.” Criticized. In addition, he said, “In the judgment of the first trial, there is only an expression that it is unconstitutional. The remarks of Judge Lim were merely presentation of opinions and advice, and he was acquitted for not affecting or infringing upon the exercise of jurisdiction.” It cannot be said that it is a violation of the constitution.”
He also pointed out procedural issues. Attorney Yoon said, “In order to determine whether or not to be impeached, the facts must be investigated through the referral of the Legal Justice Judicial Committee as stipulated in Article 130, Paragraph 1 of the National Assembly Act.” “There have not been reviewed evidence of 10,000 cases and the arguments of both parties. I said. He added, “The purpose of the impeachment is to exclude public officials from public office, but there is no need for Judge Im because his retirement is scheduled to expire on February 28.”
Chief Judge Shin Gwang-ryul, who was accused of leaking secrets for public affairs, is answering questions from reporters after being acquitted at the Seoul High Court appeals on the afternoon of the 29th. yunhap news
Chief Judge Shin Gwang-ryul, who is also suspected of being involved in’Judongdan’ on the 29th. did. On that day, Judge Shin was acquitted following the first trial in an appeal trial in which he was charged with reporting the investigation records related to the legal lobbying allegations by Nature Republic CEO Jung Woon-ho in 2016 to the court administration office.
“The theory of impeachment of judges is a political performance”
Even in the legal profession, it is pointed out that it is a’political performance’ regarding the impeachment of the Immigration Chief Justice of the passport. An incumbent judge said, “I think there is a point in impeaching the impeachment belatedly, although the vice-president is supposed to withdraw at the end of February because he did not apply for an extension of his term.”
Some point out that it is political retaliation for being sentenced to innocence in courts against judges indicted in connection with the allegations of Judicial Nongdan. One legal person who is bright in the constitution said, “I was found not guilty at the first trial, but after confirming whether it violates the Constitution and the law, it is necessary to determine whether the relevant act is the reason for impeachment of the judge.” “The process is not easy, but the decision to impeach the impeachment I think it is a political act to bring about an effect.”
Park Hyunjoo [email protected]