Judge Im Seong-geun Files Recusal Request Against Constitutional Court Justice Lee Seok-tae in Impeachment Trial Case

Im Seong-geun, Chief Judge of Busan High Court
Photo by Yonhap News

[Asia Economy Reporter Kim Daehyun] Im Seong-geun, Chief Judge of the Busan High Court and the first judge in constitutional history to be impeached, has filed a motion to disqualify Justice Lee Seok-tae, the presiding judge, from the impeachment trial panel.

According to the legal community on the 23rd, Im's side submitted the motion to disqualify Justice Lee to the Constitutional Court on the same day.

Im's side reportedly raised concerns about Justice Lee's past background. Since one of the grounds for Im's impeachment involves allegations of interference in trials related to the Sewol ferry disaster, they argue that if Justice Lee, who previously served as the chairman of the Sewol Special Investigation Commission, participates in the trial, a fair judgment cannot be expected.

Im was impeached by the National Assembly on the 4th for allegedly improperly intervening in trials, including the defamation case against former Sankei Shimbun Seoul bureau chief Kato Tatsuya, who wrote articles about former President Park Geun-hye's whereabouts during the "Sewol ferry 7-hour gap" in 2015.

Im's side also cited Justice Lee's tenure as president of the Lawyers for a Democratic Society (Minbyun) from 2004 to 2006 as a reason for disqualification. Minbyun has supported the impeachment of judges involved in judicial corruption and expressed a welcoming stance after the National Assembly passed Im's impeachment motion.

Accordingly, the eight other Constitutional Court justices, excluding Justice Lee, have begun deliberations on the disqualification motion. The Constitutional Court is expected to reach a decision on Im's motion before the preparatory hearing scheduled for the 26th in the impeachment trial case.