Professor Jang Young-su of Korea University: "Impeachment Should Consider Seriousness Alongside Legal Violations"
Professor Kim Sang-gyeom of Dongguk University: "Using Advice as Grounds for Impeachment Is Inappropriate"
On the 2nd, Professor Jang Young-su, who attended the expert meeting on the impeachment of Judge Im Seong-geun hosted by the People Power Party held at the National Assembly, is speaking. Photo by Yoon Dong-joo doso7@
[Asia Economy Reporter Naju-seok] Regarding the issue of judge impeachment, legal experts stated that "although there is illegality, it is not serious enough to warrant impeachment prosecution."
At the 'Expert Meeting on Judge Im Seong-geun's Impeachment' held on the 2nd at the People Power Party floor leader's office in the National Assembly main building, Professor Jang Young-soo of Korea University compared it to the impeachment prosecution of former President Roh Moo-hyun and refuted the Democratic Party's impeachment claims.
Professor Jang pointed out, "What was problematic with former President Roh at the time was recognized as illegal, but since the severity was not great, the Constitutional Court did not issue an impeachment decision," adding, "This structure similarly appears in Judge Im's case." He said, "Saying this is judicial farming or trial interference is similar to the claim that former President Roh intervened in elections and violated the duty of electoral neutrality," and added, "However, when looking closely, it is difficult to determine how actively it was done and the degree of severity involved." Professor Jang emphasized, "The argument that trial interference was inappropriate is the same logic as that used for former President Roh," and "Using this to impeach a judge is equivalent to saying that former President Roh should have been impeached."
Professor Kim Sang-gyeom of Dongguk University argued, "Based on media reports alone, it seems insufficient grounds for impeachment," and said, "As the Constitutional Court stated in the former President Roh impeachment trial, even if there is some illegality, impeachment cannot be carried out unless it is a serious violation befitting the status and position. If one directly participated in drafting the judgment or had a significant impact on the trial, it could be considered an unconstitutional act infringing judicial independence, but giving advice is probably a court practice, and on that basis, it seems inappropriate grounds for impeachment."
Additionally, Professor Jang criticized the claim that impeachment should proceed because there was no disciplinary action from the court. He pointed out, "It makes sense to say suspension if not dismissed, but saying dismissal if not suspended or demoted is nonsense." He also expressed doubts about whether the Constitutional Court would conclude impeachment given that Judge Im's term is almost over.
Joo Ho-young, floor leader of the People Power Party and host of this meeting, said, "Judges are not in an extraterritorial zone and must bear appropriate responsibility if they err, but whether the impeachment requirements are met, whether the facts exist, and what the impact on the judiciary is must be carefully examined before making a decision."
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