“Personal safety and security issues must be resolved”
One week in advance, “I will appear on the appropriate date.”
Prediction of disruption immediately from the first argument
Cooperation headquarters likely to carry out Nong’s arrest this week
President Yoon Seok-yeol’s side announced that he would not appear at the first hearing of the impeachment trial at the Constitutional Court on the 14th, saying that he was concerned about President Yoon’s personal safety due to attempts by the High-ranking Public Officials Crime Investigation Office and the police to execute an arrest warrant. As the execution of the second arrest warrant became visible, criticism was raised in the opposition party that he had reversed his promise to appear in person at the impeachment trial.
Attorney Gap-Geun Yoon, who represents President Yoon, issued a statement on the 12th, saying, “I am concerned about personal safety and misfortune as the Corruption Investigation Office and the (National Police Agency) National Investigation Headquarters are continuing to attempt to execute illegal and invalid arrest warrants through illegal methods.” revealed. He continued, “In order for the president to appear at the constitutional trial, issues of personal safety and security must be resolved. “I plan to attend whenever the safety issue is resolved,” he said. On December 27 last year, President Yoon’s side announced, “(President Yoon) will appear in person at the appropriate time and speak at the impeachment trial,” and also announced on the 5th, “He plans to appear at the appropriate date and express his opinion.” .
The parties involved in the impeachment trial are required to attend the hearing, but are not required to do so. According to Article 52 of the Constitutional Court Act, if a party fails to attend, a new date is designated, and if the party does not appear on the re-designated date, the hearing can proceed without the party. Former President Roh Moo-hyun in 2004 and former President Park Geun-hye in 2017 did not attend. However, President Yoon said in a public address in December of last year, “I will not evade legal and political responsibility” and “I will confidently face impeachment or investigation.” In the legal world, it is pointed out that ‘words and actions are different’.
The first hearing on the 14th is expected to end immediately after confirming President Yoon’s absence. In fact, it was a failure from the first argument. The impeachment grounds hearing is expected to begin in earnest starting with the second hearing on the 16th. The Democratic Party of Korea criticized, “No matter how petty methods are used and the time for condemnation is dragged out, the insurgents will ultimately be judged by the people and the law.” Democratic Party spokesperson Hwang Jeong-ah pointed out, “Is it reasonable to make excuses for not attending by talking about personal safety out of fear of being arrested by the Corruption Investigation Office and the police?” The People Power Party distanced itself on the 12th, saying, “It was the judgment of the president’s lawyers or the president’s side.”
The Joint Investigation Headquarters (Korea Joint Investigation Headquarters), including the Corruption Investigation Agency and the police, began making last-minute preparations to execute a second arrest warrant for President Yoon, including requesting an arrest warrant for Kim Seong-hoon, Deputy Director of the National Security Agency, who is serving as acting Chief of the Presidential Security Service. The Mutual Aid Agency believes that a favorable atmosphere for execution has been created as the internal turmoil within the Secret Service begins, and plans to begin execution this week. President Yoon’s side visited the Corruption Investigation Office on this day and submitted a motion to appoint a lawyer. According to the Corruption Investigation Office, President Yoon’s side expressed the position, “Because the constitutional trial is in progress, there are difficulties in the right to defense and administration of state affairs in the event of arrest.”
He reversed his promise and failed to appear before the Constitutional Court due to “concerns about his personal safety”… It seems like they are aiming for an investigation without detention.
[尹, 헌재 첫 변론 출석 거부]
‘Yeon side analyzes the connection between arrest warrant and attendance at the Constitutional Court’… Last month, “I will confidently face the impeachment and investigation.”
This time, “Attendance must be resolved when security issues are resolved”… As the sit-in at the official residence prolongs, a new battle of public opinion takes place.
Woo Won-sik “It’s best to walk out on your own”
President Yoon Seok-yeol’s statement that he can attend the Constitutional Court hearing on the condition that his personal safety is guaranteed is interpreted as a strategy to link the execution of the arrest warrant for President Yoon with the Constitutional Court’s impeachment trial. This means that President Yoon can participate in the impeachment trial in earnest only if the Mutual Aid Investigation Headquarters (Gongjobon), which is composed of the High-ranking Public Officials Crime Investigation Agency (KOFIC) and the police, announces the execution of the second arrest warrant and promises to conduct an investigation without detention. However, some point out that President Yoon’s side, which has even insisted on dismissing the impeachment on the grounds that treason is excluded from the grounds for impeachment, is using some kind of ‘trick’ to disrupt the line of cooperation and raise questions about the fairness of the Constitutional Court’s impeachment trial.
● “In order to appear before the Constitutional Court, personal safety must be resolved.”
Attorney Yoon Gap-geun (former Daegu High Prosecutors’ Office chief), a member of President Yoon’s impeachment trial legal team, said on the 12th, “The Corruption Investigation Office and the (police) National Investigation Headquarters are continuing to attempt to execute illegal and invalid arrest warrants in illegal ways,” and “Personal safety is at stake.” He said, “I cannot attend on the 14th of this month (the date of the first argument) due to concerns about mishaps.” He added, “In order for the president to appear at the constitutional trial, personal safety and security issues must be resolved,” adding, “Once the safety issues are resolved, he will appear at any time.”
According to the Constitutional Court Act, President Yoon, who is both the respondent and a party to the impeachment trial, must attend the argument date, but attendance is not mandatory. However, in accordance with Article 52 of the Constitutional Court Act, if a party to an impeachment trial does not appear on the argument date, the date is rescheduled, and if the party does not appear on the rescheduled date, the trial continues as is. Previously, the Constitutional Court designated the 14th as the first argument date and the 16th as the second argument date.
There is an analysis that President Yoon’s announcement that he would not appear at the first hearing due to personal safety concerns ultimately meant that he was placing a condition that the Ministry of Justice should stop attempting to execute the arrest warrant. Initially, President Yoon’s side said that he would personally explain the reasons for declaring martial law through his appearance at the Constitutional Court hearing. In a public address on December 7 last year, President Yoon said, “I will not evade the issue of legal and political responsibility related to the declaration of martial law,” and on December 12 of last year, he said, “I will stand up proudly, whether they impeach me or investigate me.”
However, as the insurrection investigation against him began in earnest, Seok Dong-hyeon, a lawyer for President Yoon, said on December 23 last year, “The president believes that the impeachment trial process should take priority over the investigation.” Attorney Yoon also said on the 5th, “The President plans to appear at an appropriate date and express his opinion.” However, three days later, on the 8th, Attorney Yoon held a press conference and said, “I can go (to the Constitutional Court) when the controversy, such as the withdrawal of the treason charge, has been resolved to a certain extent and the president is in a position to speak,” but this time, he refused to go to the Constitutional Court on the first argument date for reasons of personal safety. He said he would not attend. Following the refusal to comply with the investigation, the conditions for attendance at the Constitutional Court continue to be changed even after the impeachment trial.
● 野 “尹, changes words like a reed”
President Yoon’s change of words can be interpreted as a new public opinion battle as the ‘sit-in at the official residence’ became prolonged. In particular, if the GCP executes an arrest warrant, there is a possibility that it will use this as an excuse to claim that it did not receive a fair impeachment trial.
However, in a situation where President Yoon’s side argues that the Constitutional Court should dismiss the impeachment trial, some point out that it is inappropriate to raise unfairness as a reason for executing the arrest warrant. President Yoon’s side claims that “the withdrawal of the treason charge means that 80% of the contents of the impeachment indictment are withdrawn,” and that “the Constitutional Court should dismiss the impeachment trial.”
National Assembly Speaker Woo Won-sik issued a statement that day, saying, “It is best for the president to step out on his own,” and pointed out, “It is still a proper president to obediently comply with law enforcement instead of insisting on exceptions to the rule of law.” Hwang Jeong-ah, spokesperson for the Democratic Party of Korea, criticized at a briefing that day, “The statement that we would never hide from the public has disappeared everywhere, and President Yoon has changed his words like a reed.”
Park Hyeong-soo, senior vice floor leader of the People Power Party, held a press conference at the National Assembly on this day and remained silent, saying, “We are not in a position to comment on what our party should do (about President Yoon’s failure to appear on the Constitutional Court impeachment trial hearing).”
Reporter Choi Mi-song [email protected]
Reporter Lee Sang-hwan [email protected]
Reporter Lee Sang-heon [email protected]
Reporter Seungwoo Lee [email protected]
Reporter Son Jun-young [email protected]