Constitutional Court on Ruling Party's Proposed 'Im Seong-geun Prevention Law': "Legislative Decision to Be Made by Legislature" ... General Response

Constitutional Court Grand Bench.

[Asia Economy Reporter Choi Seok-jin] The Constitutional Court has given a fundamental response stating that the amendment to the Constitutional Court Act, known as the 'Im Seong-geun Prevention Act,' which requires the Constitutional Court to proceed with substantive judgment rather than dismiss impeachment trials even if judges impeached like former Busan High Court Chief Judge Im Seong-geun retire after their term expires, is "a matter for the legislature to decide."

According to the legal community on the 8th, the Constitutional Court, in a response sent yesterday to the office of Yoon Han-hong, a member of the People Power Party, regarding the amendment to the Constitutional Court Act proposed last November by Lee Tan-hee of the Democratic Party of Korea, stated, "We agree with the legislative intent of the amendment, but the decision on whether to introduce the amendment is a matter to be determined through legislative policy."

In the response, the Constitutional Court said, "We sympathize with the legislative intent of the amendment to prevent evasion of impeachment effects," but added, "Whether to introduce it is a matter to be decided through legislative policy, comprehensively considering the constitutional protective function of impeachment trials, the characteristics of the impeached position, and the effects of impeachment decisions."

Former Judge Im was impeached by the National Assembly on charges including involvement in multiple trials such as the 'Sewol Ferry 7-hour report' case, but retired on the 28th of last month before the first trial was held due to the expiration of his term.

The legal community expects that the Constitutional Court is likely to dismiss the case due to the expiration of the term, but there is also speculation that through the reasoning of the decision or supplementary and minority opinions, the court might make a judgment on the unconstitutionality of the acts of former Chief Judge Im that were grounds for impeachment.

On the 23rd of last month, former Chief Judge Im’s side filed a motion to disqualify Justice Lee Seok-tae, who is presiding over the impeachment trial, citing his background as chairman of the Sewol Special Investigation Committee and president of the Lawyers for a Democratic Society, making it difficult to expect a fair judgment.

The day after the disqualification motion on the 24th of last month, the Constitutional Court postponed the first preparatory hearing originally scheduled for the 26th of last month, and the rescheduled date has not yet been confirmed.