President Yoon Seok-yeol filed an objection to the Constitutional Court, saying, “Only when it is confirmed whether or not the treason charge will be withdrawn will a full-fledged defense properly begin,” but it was confirmed that the Constitutional Court did not accept the request.
According to Dong-A Ilbo’s coverage on the 14th, the Constitutional Court reportedly decided to dismiss President Yoon’s ‘objection to commencement of argument’ at the judges’ meeting held this morning. The Constitutional Court, which held its first argument date on the afternoon of the 14th, decided to continue the argument process on the next date, the 16th. President Yoon did not attend on this day for reasons such as personal safety. In accordance with Article 52 of the Constitutional Court Act, the hearing will proceed as is even if President Yoon does not appear on the next date.
Labor pain is also expected in the future. This is because President Yoon’s side is in the position that “the subject of judgment in this case cannot be seen as being specified, as the National Assembly said it was withdrawing the treason charge as a ground for prosecution but maintained the fact of prosecution.” Accordingly, President Yoon’s side is said to have stated in a 20-page objection form on A4 paper that the defense cannot begin without the subject of judgment being confirmed. The National Assembly has not resubmitted its opinion on the prosecution after previously announcing that it was “effectively withdrawing” criminal law crimes such as treason related to the declaration of martial law on December 3.
●“Defend without deciding what to attack.”
President Yoon’s side said that △ if the treason charge, which is about 80% of the content of the impeachment resolution, is withdrawn, which part will remain and which constitution cannot be specified as being violated, △ if the claim of violation of the criminal law is withdrawn but the fact is invoked as is, which facts will be consistent with which constitution? It is not clear whether it violates the provisions. △It is common sense and legal to say that the impeachment trial will proceed based on each person’s opinion in a situation where a changed statement of grounds for impeachment has not been submitted. The ground for objection was that it could not be established.
President Yoon’s side said, “If participation in the process is forced when the content of the claim itself is not confirmed, this is a measure that unconstitutionally and unconstitutionally restricts the right to defense.” “It means fighting with the content,” he wrote.
The objection also included the claim that there cannot be a ‘constitutional civil war’ separate from a ‘criminal civil war’. Contrary to the claims of the National Assembly’s representatives, it is impossible to maintain the act of rebellion and withdraw only the charge of rebellion under the criminal law. It is necessary to distinguish between the contents of Article 84 of the Constitution, which states that ‘the President shall not be subject to criminal prosecution while in office, except in cases of committing a crime of rebellion or foreign exchange’, and the crime of rebellion under the Criminal Act, which is ‘a crime that jeopardizes the existence of the country and the constitutional order by rioting’. The idea is that it cannot be done.
President Yoon’s side said, “Withdrawing the treason charge is an important enough matter to raise questions about whether it is possible to maintain the judgment in this case as is,” and added, “If the defense process is initiated unilaterally without clearly stipulating in writing, it will be an informal communication process outside the court.” He said, “It is a situation where there is bound to be reasonable suspicion that there may have been some kind of communication between the court and the prosecutors.”
●“Han Deok-soo, impeachment of the Board of Audit and Inspection, etc. must be concluded first.”
President Yoon’s side also reiterated that the impeachment trial of former Acting President Han Deok-soo should proceed as a top priority. President Yoon’s side is of the position that in the case of former acting president Han, the declaration of passage of impeachment is invalid because the quorum of 200 votes was not met. The impeachment bill against former Acting President Han was passed with the approval of 192 people, which met the quorum for the Prime Minister (151 or more).
The defense team cited as its basis the contents of the annotated Constitutional Court Act published by the Constitutional Court, which states, “In the case of an acting president, a quorum greater than the quorum required for impeachment or resolution of the original position must be met.” President Yoon’s side believes that if the impeachment of former Acting President Han is invalid, the effect of Acting President Choi Sang-mok’s appointment of Justices Jeong Gye-seon and Cho Han-chang will also disappear.
President Yoon’s side also took aim at the Democratic Party of Korea and its leader Lee Jae-myung, saying, “The overuse of impeachment proceedings is a means of gaining power and bulletproofing the corruption of the opposition party leader.” Listing the impeachment of Lee Dong-gwan, Kim Hong-il, and Lee Jin-sook of the Korea Communications Commission, the impeachment of prosecutors including Seoul Central District Prosecutors’ Office Lee Chang-soo, and the impeachment of former acting president Han, he said, “As a result of abusing impeachment for political purposes, there has not been a single case where impeachment has been upheld by the Constitutional Court.” He also wrote it down. President Yoon’s side is of the position that since one of the reasons for the declaration of martial law is the impeachment of Chief Prosecutor Lee, the investigating prosecutor, and the Board of Audit and Inspection, Choi Jae-hae, their impeachment trial must come to a conclusion first.
Donga Ilbo exclusive >
![[단독]“The defense cannot begin when the treason charges have not been withdrawn”… I filed an appeal but it was dismissed](https://dimg.donga.com/a/180/101/95/2/wps/NEWS/IMAGE/2025/01/14/130862898.1.jpg "[단독]“The defense cannot begin when the treason charges have not been withdrawn”… I filed an appeal but it was dismissed")
Reporter Lee Ho’s Market ON
Jinhyeong Lee’s brain, the universe within us
Silver Shift, Young Old is Coming
Reporter Heo Dong-jun [email protected]
-
- great
- 0dog
-
- I’m sad
- 0dog
-
- I’m angry
- 0dog