[탄핵 정국]
Possibility of non-attendance of the first argument preparation date… Constitutional Court held meeting yesterday to discuss response measures
Judge Kim Hyeong-du attends his father’s funeral… If you continue to not respond, ‘punishment’ is also mentioned.
I tried to take the position that ‘6-member system is possible’… One judge opposed it, so it couldn’t be submitted in the end.
The first day of the Constitutional Court’s impeachment trial against President Yoon Seok-yeol, who was suspended from office after the National Assembly passed the impeachment bill, begins on the 27th with arguments preparation procedures. However, until the morning of the 26th, two days after the submission deadline, President Yoon did not submit the martial law-related cabinet meeting minutes and proclamations requested by the Constitutional Court, and he has not appointed a representative, so there is a high possibility that he will remain idle.
The Constitutional Court held a judge meeting on the morning of the 26th to discuss progress and response plans. If President Yoon continues to refuse to submit documents, the possibility of punishment under the Constitutional Court Act is also discussed.
● 尹, consistent ‘no response’ to documents and appointment of agent
According to the Constitutional Court on the 26th, the first argument preparation date for President Yoon’s impeachment trial will be held at the Constitutional Court’s small trial in Jongno-gu, Seoul at 2 p.m. on the 27th. A total of two people, including Judge Jeong Hyeong-sik and Judge Mi-seon Lee, who are in charge of the presiding judge, are in charge of conducting the preparation process.
The pleading preparation date is a procedure to organize issues and establish a hearing plan prior to formal pleading. There is no obligation for the parties to appear, so representatives from both sides generally appear and reveal their basic positions and plans for proof of the impeachment motion. It usually ends in about an hour or so. The President Yoon impeachment trial case is expected to go through about two or three preparatory procedures and then begin formal arguments as early as mid-January next year.
However, if President Yoon, who did not submit a notice of appointment of a representative, does not appear on the preparation date, there is a possibility that the process may go astray. The impeachment trial is conducted in accordance with the Criminal Procedure Act, and the preparatory procedures are automatically terminated if the parties, including representatives, do not appear. However, since it is stipulated that the procedure can proceed without the presence of the parties when ‘there is a significant (valid) reason to continue the procedure,’ the court is expected to reveal its opinion at the argument preparation date.
In 2004, former President Roh Moo-hyun’s impeachment trial held seven public arguments without a preparation date. Although former President Roh did not attend the public argument, a representative delegation attended and it proceeded normally. In 2016, former President Park Geun-hye held three preparation days and 17 public arguments. Although former President Park did not attend, her representatives did attend and the proceedings proceeded normally.
On the 24th, the National Assembly submitted a proof plan and list of evidence, including witness applications, to the Constitutional Court. About 10 people applied as witnesses, including 9 suspects, including former Minister of National Defense Kim Yong-hyun and former intelligence commander Noh Sang-won.
● Penalty provisions for ‘non-response’ may be applied
The Constitutional Court held a meeting of judges this morning and discussed the date for preparation of arguments and future plans. Judge Kim Hyeong-doo attended the meeting the day before even after his father’s funeral. Lee Jin, public information officer of the Constitutional Court, said, “At the morning meeting, Justices of the Su-Jeong Court reported the progress and response plans, and the full court shared their awareness of the situation and response plans.” The Constitutional Court did not disclose the specific matters discussed by the full bench, in which all six judges participated. However, it was analyzed that there may have been discussions on whether President Yoon’s side could appoint a nationally elected representative if he continued to fail to appear.
Regarding President Yoon’s failure to submit the proclamation, Constitutional Court Justice Kim Hyeong-du responded to reporters’ question, “Can it be replaced with the one submitted by the National Assembly?” by saying, “I think it is possible.” However, it appears that it will be difficult for the Constitutional Court to obtain the minutes of the Cabinet meeting, as the Ministry of the Interior and Safety responded that there is no Presidential Office.
In the legal world, the possibility of punishment is being discussed if President Yoon continues to fail to respond. According to the Constitutional Court Act, if you fail to submit evidence without a justifiable reason after receiving a request or order to submit evidence, and if you refuse, interfere with, or evade an investigation or inspection by the Constitutional Court without justifiable grounds, you will be punished by imprisonment for not more than one year or a fine not exceeding 1 million won. It is stipulated that ‘shall be punished.’ In response to this, Public Information Officer Lee said, “There is a penalty clause in the Constitutional Court Act,” but “it has never actually been used.”
Meanwhile, the Constitutional Court tried to state that the current ‘six-member system’ could make a final decision such as citation or dismissal in the impeachment trial, but it was reported that not one judge objected.
Reporter Kim Ja-hyeon [email protected]
Reporter Kim Tae-eon [email protected]
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