Constitutional Court Forms Task Force for 'Minister Lee Sang-min Impeachment Trial' Case... Legal Review Begins

Constitutional Court Grand Bench./Photo by Hyunmin Kim kimhyun81@

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The Constitutional Court has formed a task force (TF) to conduct hearings on the impeachment petition against Minister of the Interior and Safety Lee Sang-min and has begun extracting key issues and reviewing legal principles.

According to the legal community on the 17th, the TF, led by Chief Justice Lee Jong-seok, is responsible for identifying the issues of the case individually and exchanging opinions to prepare for formal deliberations.

Article 38 (Trial Period) of the Constitutional Court Act states, "The Constitutional Court shall deliver a final decision within 180 days from the date of receipt of the trial case."

Although the 180-day trial period is not mandatory, there is a prevailing expectation that the Constitutional Court will expedite the hearing process to prevent a prolonged vacancy in the central government minister position.

Previously, the Constitutional Court dismissed the impeachment petition against the late former President Roh Moo-hyun in 64 days and made a ruling on former President Park Geun-hye's case in 92 days.

The National Assembly passed the impeachment motion against Minister Lee on grounds including constitutional violations related to disaster prevention and response, violations of the National Public Officials Act, and violations of the Framework Act on the Management of Disasters and Safety.

Impeachment trials are a system to hold public officials legally accountable for violations of the Constitution and laws. Notably, in the 2004 impeachment trial of former President Roh, the Constitutional Court stated, "The phrase 'when the impeachment petition is justified' in Article 53, Paragraph 1 of the Constitutional Court Act refers not to all legal violations but only to 'serious' legal violations that justify the dismissal of a public official."

Ultimately, the key issue in this case is whether there is recognition of serious legal violations related to the Itaewon tragedy that warrant the dismissal of Minister Lee.

Minister Lee has formed a defense team centered on Kim Neung-hwan, a former Supreme Court Justice and senior counsel at Law Firm Yulchon (Judicial Research and Training Institute Class 7), and Ahn Dae-hee, senior counsel at Law Firm Pyeongan (Class 7). The legal representatives also include Yoon Yong-seop, a lawyer at Law Firm Yulchon (Class 10), who previously represented former President Roh during the 2004 impeachment trial and served as head of the Constitutional Court Research Department.