By The Straits Times | Created at 2024-12-18 06:32:53 | Updated at 2024-12-18 08:59:48
2 hours ago
SEOUL - The Constitutional Court of Korea said on Dec 18 that it requested President Yoon Suk Yeol submit the minutes of the Cabinet meeting held just prior to the Dec 3 martial law declaration, and other evidence, by Dec 24.
The court, which is tasked with upholding or overturning Mr Yoon’s impeachment, told the press that it sent an email to Mr Yoon on Dec 17 regarding the order and asked him to submit a copy of the martial law decree, a list of evidence and a plan to prove the case against his impeachment.
Director general for the Constitutional Court’s Public Information Office Lee Jin, told the press that the court also sent a copy of the order via post.
Ms Lee added that another order for Mr Yoon to submit a statement on the impeachment bill and other trial-related documents, sent Dec 16, still has not been received by Mr Yoon. The court had asked him to reply within seven days.
“We sent two copies to Mr Yoon -- one to the presidential office and one to his residence -- but both failed to be delivered because the presidential secret service refused to deliver them. The one sent to his house failed to be delivered due to the absence of a recipient, according to the post office,” Ms Lee said during a press briefing held at the Constitutional Court in Seoul on Dec 18.
“The post office said it will try to deliver again today,” Ms Lee said, adding that there has not been a recent case in which the court’s order has not been delivered.
While it is hard to say why Mr Yoon might be intentionally refusing to receive the orders, the court said the justices will discuss whether Mr Yoon’s apparent refusal will impact the trial proceedings.
The six justices covering Mr Yoon’s impeachment case are set to hold their first meeting on Dec 19, where they will discuss measures to take if the court orders are not delivered. A task force comprising 10 constitutional researchers will assist the justices in the legal proceedings.
Regarding a live broadcast of Mr Yoon’s trial, the court reiterated its position that the trial will not be televised in the interest of maintaining order.
“We didn’t televise the previous impeachment trials of former presidents Roh Moo-hyun and Park Geun-hye,” Ms Lee said, adding that a recorded video of a trial will be uploaded on the court website and via the press.
But Mr Yoon’s trial will be made public, the court said, according to its principles.
“All dates set for the (court’s) preparatory hearings, arguments and sentencing are open to the public. So we will apply the same to Mr Yoon’s trial. Public attendance and press coverage are permitted,” she added.
Meanwhile, three nominees for the three vacant positions on the nine-seat court expressed mixed views regarding Mr Yoon’s impeachment case.
The opposition Democratic Party has nominated two candidates -- Ma Eun-hyeok and Jung Gye-seon, judges from the Seoul Eastern District Court -- while the ruling People Power Party has nominated one -- Cho Han-chang, former judge at the Seoul High Court.
In written responses to a query from Democratic Party Representative Kim Han-kyu, the candidates provided slightly nuanced answers on how long the impeachment trial should last.
Mr Kim currently serves as the opposition party secretary for the Special Committee on Confirmation Hearings for Constitutional Court Justices.
Mr Ma, nominated by the Democratic Party, emphasised that under Article 65 of the Constitution, “the powers of the impeached official are suspended until the conclusion of the trial, and unnecessary delays in the proceedings could exacerbate social unrest.”
“Considering the intent of the Constitutional Court Act, it is desirable to issue a ruling as soon as possible in impeachment trials. However, such trials must not be conducted hastily. Decisions must be made after thorough arguments, deep analysis and discussions,” Mr Ma said in a written statement.
Jeong Gye-seon, another candidate from the Democratic Party, echoed that view.
Also noting that Mr Yoon’s powers as an impeached official are suspended until the trial concludes, Mr Jeong said “A prolonged suspension of the powers of the impeached official could lead to instability and confusion, necessitating swift and focused trial proceedings.”
On the other hand, Cho Han-chang, nominated by the ruling party, took a slightly different stance.
He pointed out that Article 38 of the Constitutional Court Act states that “if a vacancy among the justices prevents the required quorum of seven justices, the period of vacancy is not included in the trial duration.”
“While unreasonable delays in the Court’s decisions must be avoided, constitutional adjudication requires ensuring sufficient procedural safeguards and comprehensive deliberations. Therefore, it is difficult to specify a uniform timeframe for appropriate trial durations,” Mr Cho said in a statement.
Although political parties are at odds over the appointment of three justices by the acting president, the Democratic Party announced its plan to pass an appointment granting parliament’s consent to their appointment at the National Assembly’s plenary session on Dec 30. THE KOREA HERALD/ ASIA NEWS NETWORK
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