If the Democratic Party decides, it is possible to vote on impeachment proceedings
尹 Issues whether’significant violation of the law’ will be recognized
“Can’t be pushed back” vs “political headwind concerns”
In addition, some members of the Democratic Party are claiming to impeach Prosecutor General Yoon Seok-yeol. When the court’s decision to suspend disciplinary enforcement made it difficult for the Ministry of Justice to oust President Yun, the last card of impeachment was drawn. Representative Kim Doo-gwan and Hwang Un-ha make this argument. But for now, the prudence is bigger. The impeachment bill is highly likely to be dismissed by the Constitutional Court, and it is feared that a political headwind may be encountered.
I pointed out how the impeachment proceeded, and whether there is any reality in the claim of impeachment of President Yun in the light of precedent.
Prosecutor General Yoon Seok-yeol is going to work at the Supreme Prosecutors’ Office in Seocho-gu, Seoul on the afternoon of the 26th. Newsis
Impeachment judgment that occurred only twice in the constitutional history
Impeachment is a system that allows certain public officials whose status and term of office are guaranteed by law to be expelled when they commit acts that violate the constitution or the law, and are specified in the constitution.
The subject of impeachment under the Constitution is’the president, the prime minister, members of the state council, heads of administrative departments, judges of the Constitutional Court, judges, members of the Central Election Commission, directors of the Audit Committee, members of the audit committee, and other public officials as prescribed by law.’ Prosecutors, including the prosecutor general, are also subject to impeachment under the Prosecutors’ Office Act,’public officials prescribed by other laws’.
Impeachment consists of’impeachment prosecution’ which corresponds to prosecution and’impeachment judgment’ which corresponds to trial.
The impeachment prosecution is conducted by the National Assembly. A proposal for impeachment prosecution may require more than one-third of the members of the National Assembly to gather, and a majority of the members of the National Assembly must approve the proposed impeachment proposal. However, a prosecution for impeachment of the President requires more than two-thirds of the members of the National Assembly. Public officials who have been voted for impeachment will be suspended from exercising their authority until a decision is made to adjudicate impeachment.
The judgment of impeachment is held by the Constitutional Court. If more than 7 out of 9 constitutional judges are present and 6 or more approve, a decision to cite impeachment will be made, and the official will be dismissed immediately.
President Jung-mi Lee, acting as the head of the Constitutional Court, is deciding to dismiss President Park Geun-hye at the Supreme Court of Justice in Jae-dong, Jongno-gu, Seoul on March 10, 2017. Reporter Wang Tae-seok
There are only two cases in which the constitutional ideology impeachment proceedings resulted in a constitutional judgment. The trial for impeachment of former President Roh Moo-hyun in 2004 was dismissed, and the trial for impeachment of former President Park Geun-hye in 2016 was cited.
There have been 10 proposals for impeachment proceedings that have not been resolved by the National Assembly. This year, impeachment bills were proposed twice against Justice Minister Chu Mi-ae and once with Hong Nam-ki, deputy prime minister of economy and Ministry of Strategy and Finance, but it was rejected or rejected. Previous prosecutors’ prosecutors’ prosecutions proposed by the National Assembly for impeachment proceedings were Kim Do-eon (1994), Kim Tae-jeong (1998, 1999), Park Soon-yong (1999), and Shin Seung-nam (2001).
Yoon Seok-yeol’s impeachment, is there any reality?
If the Democratic Party makes up its mind, there will be no difficulty until the impeachment proceeding against Yun. This is because the number of Democratic Party members is 174, which is 58% of the total number of seats. With this number of seats, impeachment proceedings can be initiated without hesitation.
However, the Constitution’s impeachment judgment is a problem. The reason for the impeachment of some of the Democratic Party is that the court admitted that it was inappropriate for the allegations of the judge’s inspection, which is the reason for the discipline of President Yoon. However, just because a public official has committed an offense does not constitute a reason for impeachment. This is because if all impeachment is impeached for minor violations of the law, governmental vacancy and confusion will arise.
On March 12, 2004, the Uri Party lawmakers desperately stopped a bill of impeachment proceedings against President Roh Moo-hyun in the National Assembly. Hankook Ilbo data photo
In fact, the Constitutional Constitution judged at the 2004 Impeachment Trial for former President Roh Moo-Hyun that “when there is a reason for the impeachment trial, it is not’all’ violations of the law, but’significant’ violations of the law enough to justify the dismissal of public officials. . It is evaluated that the disciplinary action of the Ministry of Justice’s disciplinary committee against Yoon is only two months of suspension, so it is difficult to regard it as a’significant violation of the law’.
On the 26th, former Democratic Party lawmaker Lee Seok-hyun pointed out that “the (Ministry of Justice) disciplinary committee’s two months of suspension without dismissal or dismissal is a major obstacle to the decision to impeach.” Former Democratic Party member Geum Tae-seop said, “In order to impeach a public official, there must be a serious violation of the constitution or a violation of the law that is equivalent to dismissal. Even if both Minister Choo Mi-ae and the Ministry of Justice claim both are correct, it means that it is not the reason for the dismissal.”
However, it cannot be affirmed whether the Constitution will apply the same standards for the President and the Prosecutor General. The ripple effect of the presidential dismissal is incomparably greater than that of the prosecutor-general.
Concerns about’political headwind’
If the impeachment judgment is dismissed from the constitution, it could face a political headwind. In 2004, it was the Grand National Party and the Millennium Democratic Party that pushed for the impeachment of former President Roh Moo-hyun. In the same year, in the 17th general election, the New Millennium Democratic Party suffered the pain of falling into a’little party’ with 9 seats. At that time, the GNP also had to surrender the status of the majority party to the Uri Party. Minister Choo Mi-ae, who was a member of the Millennium Democratic Party in favor of the impeachment prosecution of former President Roh, was also defeated in the 17th general election after a headwind.
On April 4, 2004, in Gwangju, the leader of the Democratic Party’s predecessor, Chu Mi-ae, apologizes for promoting the impeachment of President Roh Moo-hyun ahead of the 17th general election. Gwangju = Reporter Ko Young-kwon
Lee Seok-hyun, who has been a member of the National Assembly six times and has watched this process, pointed out that, rather than impeachment with a loud voice and lack of materiality, the separation of the prosecution’s power of investigation and the appointment of a conscious head of the high-ranking officials criminal investigation office is the reason the National Assembly is going to do soon .
Rep. Heo Young, a spokesman for the Democratic Party, also said on Facebook on the 26th, “The impeachment of President Yoon may lead to the dismissal of the constitution.” “We must control our emotions too. He ordered a calm response, saying, “We shouldn’t provide an excuse again and headwind.”
Seongtaek Lee reporter [email protected]
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