Democratic Party at Crossroads Proposal for Impeachment of Judge Nongdan

The National Assembly finally begins discussions on impeachment of the judges of Judicial Nongdan. It has been about four years since Supreme Court Yang Seung-tae abused the judicial administration authority, intervened in sensitive trials, and investigated judges belonging to a specific research group.

On the 22nd, Democratic Party lawmaker Lee Tan-hee held a press conference with Justice Party lawmaker Ryu Ho-jeong, Open Democratic Party lawmaker Kang Min-jeong, and Basic Income Party lawmaker Yong Hye-in, and Judge Im Seong-geun, who intervened in the Seven Hours of Sewol ferry trial, and Park Geun-hye, as directed by the Blue House. In consideration of the sentiment, it proposed the impeachment of Judge Lee Dong-geun, who revised the judgment. This was the result of a total of 107 members of the lawmakers, including them.

The reason 107 members of the National Assembly paid attention to Judges Lim Seong-geun and Lee Dong-geun among the numerous judicial Nongdan judges was because the courts themselves had already declared that they violated the Constitution. Judge Lim Seong-geun, who was charged with other trial intervention charges, was found acquitted at the first trial in February of last year, but the court at that time nailed his act as “an unconstitutional act violating the independence of the judge.” Prior to this, the National Judges’ Delegation decided in November 2018 that the impeachment of the judges of Judicial Nongdan was necessary.

The problem is time. Judge Seong-geun Lim gave up the re-appointment examination, which returns every 10 years. When the court administration accepts Judge Lee Dong-geun’s resignation on January 28 as scheduled, the two will retire smoothly. It doesn’t hurt to be a lawyer, and you can go to public office as soon as possible. In a press conference, four legislators pointed out, “How will you explain this situation to the people, what will you say to the victims of the trial transaction?” (Related article: “If the 28th is the 28th, there is no time to repair the judge’s resignation.” http://omn.kr/1rrlq)

“The Constitution stipulates that the confinement of judges is the National Assembly. When a judge violates the Constitution, the National Assembly decides on an impeachment proceeding, and then the Constitutional Court decides on impeachment. If the National Assembly does not resolve the impeachment proceeding, the Constitution makes a trial. I can’t even start. It is abandonment of the constitution’s duties for the National Assembly to not even bring two judges to trial.”

‘Proposal’, not the impeachment of a judge, the calculation behind it

But why is it a’proposal’ rather than a motion for impeachment prosecution? The number of 107 people is well above the quorum for impeachment prosecution (100 people).

Rep. Lee Tan-hee explained, “Once the National Assembly (Judge Nongdan Judicial Office) had a consensus on the impeachment proceedings, we planned to follow the internal decision-making process for each political party.” He added, “We have several political parties,” he added. “We have gone through the process of confirming the general consensus of the National Assembly, so we will wait for the decision-making process for each party to proceed quickly.”

On this day, the names of 107 people who participated in the proposal for impeachment of the judges of Judicial Nongdan were not disclosed. Rep. Lee Tan-hee said that 96 of them belong to the Democratic Party, and that they plan to request a convocation of a general assembly. He said, “After gathering the lawmakers who are debated once the time is tight, I think that it has become a certain number, so I disclose the scale,” he repeatedly asked, “I hope each party will go through the decision-making process as soon as possible.”

The decision of impeachment proceedings by judges requires the consent of more than 150 members of the National Assembly. In addition, the National Assembly Act requires that the impeachment prosecution be voted by anonymous ballot within 72 hours after 24 hours from the time it is reported to the plenary session. Therefore, it is necessary to clarify the party’s argument for each party in order to process it quickly.

Is it possible to agree with more than 150 people? The number of seats for the passport is sufficient (174 seats for the Democratic Party, 6 seats for the Justice Party, 3 seats for the Open Democratic Party, 1 seat per basic income, 1 seat for transition to the era, and 5 non-affiliated seats). The problem is the will of the Democrats.

The Democratic Party leadership at the time of the Judicial Nongdan expressed its will to impeach the judges, but did not take action. Even after securing an absolute majority of seats in the 21st National Assembly, the top priority of the Democratic Party’s judicial reform task was the prosecution, and the prosecution. In a commentary on the 22nd, the Participation Solidarity criticized the ruling party leadership, who had delayed court reform. They said, “The Democratic Party recruited former judge Lee Tan-hee in the last general election, and promised to abolish the court administration office,” and said, “There is no justification or room to postpone the impeachment. An active role of the party leadership is required.”

The Participation Solidarity also insisted that “President Kim Myung-soo should not accept Judge Lee Dong-geun’s resignation.” “If the court ruling opens the way to unharmed retirement without holding any responsibility to the party recognized as infringing on the independence of judges and trials, the Supreme Court of Kim Myung-soo is not different than simply failing to resolve the judicial Nongdan, and actually actively participated in it. “He strongly urged.

It is pointed out that even for this reason, the National Assembly should move faster. When the legislature initiates the formal impeachment proceedings, the judiciary faces a political burden to consider whether to pass the impeachment proceedings to the National Assembly in resignation. Regardless of the procedure of the National Assembly, it should also be taken into account that criticism will be poured out of accepting Judge Lee Dong-geun’s resignation and covering my family.

In addition, 107 members of the National Assembly and more than half of their members participated. Would the ruling party’s leadership do not say “next time” this time and make a proper conclusion? The Democratic Party plans to convene a general assembly of parliamentarians early next week as early as next week to deal with the issue of impeachment of judges, considering the upcoming provisional National Assembly in February.