“In the case of Park’s impeachment, it was possible because the case was within the same category…尹 is a different case”
Daegu Mayor Hong Joon-pyo argued that if treason was excluded from the impeachment bill against President Yoon Seok-yeol, the impeachment should be dismissed. At the same time, he told the Constitutional Court, “Do not forget your pride as the highest decision-making body that protects the Constitution.”
Mayor Hong said on Facebook on the 7th, “The impeachment resolution is the same as the prosecutor’s indictment,” and “When the prosecutor changes the indictment, he considers the defendant’s exercise of his right to defense and allows the change to the extent that the case remains identical. “If it exceeds the range, the indictment will be dismissed,” he explained.
He said, “The core of the impeachment case of President Yoon Seok-yeol is treason, and without it, the impeachment bill would not have passed the National Assembly.” He added, “Since the treason charge was withdrawn from the impeachment bill, the Constitutional Court should naturally dismiss it as an impeachment that deviates from the identity of the case.” “The impeachment of Acting President Han Deok-soo, who was impeached on the grounds of treason, should also be dismissed without further ado,” he said.
He continued, “There was some controversy about the partial withdrawal during the impeachment of Park Geun-hye (former President), but it was possible because it was within the same category of cases,” and pointed out, “This impeachment of President Yoon is a completely different case and is a withdrawal of the essential core.”
Mayor Hong emphasized, “No matter how much the Constitutional Court is a political judicial body, we must not forget its pride in being the highest decision-making body that fundamentally protects the Constitution.”
Previously, the Constitutional Court announced that it would make its own judgment regarding the National Assembly’s application to ‘exclude treason from the grounds for impeachment.’ In response to a question about the exclusion of grounds for impeachment at a briefing on the 6th, Cheon Jae-hyeon, public information officer for the Constitutional Court, said, “There is no explicit provision (in the Constitutional Court Act) for this part,” and “It is a matter for the court’s judgment.” He also said that determining which legal provisions President Yoon violated was “entirely a matter for the court.”
In the 2016 impeachment trial of former President Park Geun-hye, there was a precedent of conducting a trial excluding criminal offenses such as bribery without re-approval by the National Assembly, so the legal community is predicting that the Constitutional Court will not seek re-approval from the National Assembly in the impeachment trial of President Yoon as well. There are many.
Jo Yoo-kyung, Donga.com reporter [email protected]
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