Handonghun "Democratic Party Habitually Talks About Impeachment"
Interpretation of Impeachment Claims Within the Democratic Party as Political Arguments
Following the Constitutional Court's ruling validating the legislation on 'Geomsu Wanbak' (complete removal of prosecutorial investigation rights), some members of the Democratic Party of Korea have voiced calls to impeach Minister of Justice Han Dong-hoon. The main reason cited is that it is inappropriate for the Minister of Justice to attempt to partially restore the reduced prosecutorial investigation rights through enforcement ordinances.
Some Democratic Party members have raised impeachment talks, focusing on Minister Han's expression of regret over the Constitutional Court's decision. On the 24th, Democratic Party lawmaker Hwang Un-ha appeared on BBS Radio's 'Jeon Young-shin's Morning Journal' and said, "A mere Minister of Justice has directly challenged the legislative power of the National Assembly," adding, "It is only right that he take responsibility and step down first, and if he refuses to resign, we may consider pushing for impeachment."
Lawmaker Kim Yong-min also asserted, "Impeachment is the answer." On the same day, Kim wrote on Facebook, "A childish minister who throws tantrums everywhere because the sweet candy in his hand was taken away must be reprimanded." In an earlier post, he criticized, "I will hold Han Dong-hoon accountable for filing a constitutional dispute over an issue that was too obvious to dismiss," adding, "If a law student knows common sense but the minister does not, it is the worst incompetence. This was a very malicious political game."
Minister Han strongly opposed the impeachment talks. In a statement released that day, he said, "The Democratic Party has habitually talked about impeaching me," and declared that he would respond confidently.
In his statement, Minister Han said, "When a law containing harmful provisions to the public, such as the abolition of the complainant's right to object, was enacted through improper procedures like 'disguised party withdrawal' and 'splitting sessions' with the wrong intention of blocking investigations into politicians on their side, it is the duty of the Minister of Justice to do his best to prevent harm to the public," emphasizing this point.
Minister of Justice Han Dong-hoon is speaking at the Civil-Party-Government Council on Measures to Combat Serious Financial Crimes Affecting People's Livelihoods and Financial Relief Measures held at the National Assembly in Yeouido, Seoul on the 28th of last month. Photo by Hyunmin Kim kimhyun81@
Calls for impeachment have been ongoing since the early days of Minister Han's appointment in May last year. When the Ministry of Justice revised enforcement ordinances last August to partially restore the prosecutorial investigation rights reduced by the Geomsu Wanbak legislation, voices calling for Minister Han's impeachment also emerged in some quarters.
However, it is unlikely that the Democratic Party will actually push for Minister Han's impeachment. The party leadership, including floor leader Park Hong-geun, only called for Minister Han's resignation, holding him accountable for the Constitutional Court ruling, without mentioning impeachment. The impeachment talk appears to remain a minority opinion within the party.
Democratic Party lawmaker Woo Sang-ho also said on SBS Radio's 'Kim Tae-hyun's News Show' that "Minister Han, who has made claims contrary to the Constitutional Court's decision, should apologize to the public," but added, "Regarding this bill, it does not seem to be a matter that would warrant a demand for (Minister Han's) resignation. That is probably a political claim."
Even if an impeachment motion is filed, it is uncertain whether it will be passed in the plenary session of the National Assembly. There is another hurdle. An impeachment motion passed by the National Assembly must be reviewed by the Constitutional Court. Constitutionally, impeachment requires recognition that the official violated the Constitution or laws in the execution of their duties, a condition that is very stringent. If the Constitutional Court dismisses the motion, the political burden falls on the Democratic Party, which pushed the impeachment motion excessively.
There is also a possibility of a backlash if the impeachment is dismissed. In 2004, an impeachment motion against former President Roh Moo-hyun for reasons including violation of political neutrality was passed by the National Assembly but dismissed by the Constitutional Court. Immediately after the dismissal, in the 17th general election, public sentiment favored the ruling party, the Uri Party, which secured a majority of seats in the National Assembly.
Moreover, if Minister Han enters politics, a dismissal of the impeachment motion could become a 'badge of honor.' In 2020, then Prosecutor General Yoon Seok-youl experienced his so-called 'moment of stars' amid conflicts with then Minister of Justice Chu Mi-ae, which eventually led to his inauguration as the 20th President. The dishonor of being the 'first prosecutor general to be disciplined' ironically created an image of righteousness and fairness opposing the government, becoming a 'badge of honor.'
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