"After Investigation, Corrupt Judges May Also Resign"… Supreme Court Regulation Revised

[Asia Economy Reporter Seongpil Cho] Even if a judge commits illegal acts while in office and undergoes investigation or disciplinary action, grounds will be established allowing resignation once the related procedures are concluded.

The Supreme Court's Judicial Administration Office announced on the 5th that it will administratively notify until the 23rd a partial amendment to the "Regulations on Restrictions of Judges' Resignation" containing such content. These regulations were created to prevent judges involved in misconduct during their tenure from submitting resignation letters to avoid criminal punishment or disciplinary disadvantages.

Until now, judges were not allowed to resign while under investigation by investigative agencies for misconduct, being investigated by the court's audit department, or when disciplinary action was requested by the disciplinary committee. However, the amendment permits resignation once procedures such as disciplinary action, investigation, or internal inquiry are completed. The scope of illegal acts restricting resignation has also been expanded from "illegal acts related to duties" to "illegal acts committed during tenure."

The legal community interprets this regulatory amendment as related to the controversy over the rejection of the resignation of former High Court Chief Judge Im Seong-geun, who is currently undergoing impeachment proceedings. Supreme Court Chief Justice Kim Myung-soo mentioned the National Assembly's impeachment discussions last May and rejected the resignation submitted by former High Court Chief Judge Im Seong-geun at that time. The controversy arose between claims that the resignation rejection was justified because Im's investigation was completed and he was on trial, thus not meeting the grounds for resignation rejection, and claims that the resignation rejection was possible due to unclear standards for allowing resignation.