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"Yoon's Arrest Warrant Unconstitutionality to Be Examined"... Cho Kuk's Constitutional Petition from Prison

Cho Kuk Detained at Seoul Detention Center Files Constitutional Petition from Prison
Challenges Unconstitutionality of 'Cho Kuk Arrest' Order During 12.3 Martial Law and Delay in Constitutional Court Justice Appointment

Former leader of the Joguk Innovation Party, Cho Guk, who was imprisoned at Seoul Detention Center following a confirmed prison sentence, is filing a constitutional complaint from prison regarding President Yoon Seok-yeol's attempt to arrest him after the declaration of martial law on December 3.


"Yoon's Arrest Warrant Unconstitutionality to Be Examined"... Cho Kuk's Constitutional Petition from Prison Former leader of the Jo Guk Innovation Party, Cho Guk, who was sentenced to 2 years in prison for charges including admission fraud involving his children and covering up the Blue House inspection, is seen clenching his fist toward supporters before being incarcerated in front of Seoul Detention Center in Uiwang, Gyeonggi Province on the morning of the 16th. Photo by Yonhap News

The Joguk Innovation Party announced on the 31st that Cho plans to submit a constitutional complaint petition to the Constitutional Court through his legal representatives. Cho intends to seek confirmation on whether President Yoon’s order to former Minister of National Defense Kim Yong-hyun and others to arrest and detain him under the pretext of martial law violates the Constitution. He will also seek a ruling on the unconstitutionality of Deputy Prime Minister and Minister of Economy and Finance Choi Sang-mok’s failure to appoint three constitutional court justices.


The Supreme Court’s Third Division (Presiding Justice Eom Sang-pil) upheld the lower court’s ruling on the 12th, sentencing Cho to two years in prison and ordering a fine of 6 million won on charges including forgery and use of private documents, obstruction of business, and violation of the Anti-Graft Act, related to his children’s admission fraud and covering up Blue House inspections. On the following day, the Seoul Central District Prosecutors’ Office approved Cho’s request to postpone his appearance, citing the handover of his party leadership duties, and Cho was incarcerated at Seoul Detention Center in Uiwang, Gyeonggi Province on the 16th.


"Yoon's Arrest Warrant Unconstitutionality to Be Examined"... Cho Kuk's Constitutional Petition from Prison On the 23rd, the Joguk Innovation Party released a prison letter written by former leader Joguk on the 19th. Joguk Innovation Party

Earlier, on the 23rd, a three-page letter from Cho written in prison was made public. Cho stated, “The December 3 martial law incident revealed the true face of Yoon Seok-yeol to the people,” adding, “We had been serving a president who wielded state power like an absolute monarch.” He claimed, “This behavior of Yoon did not suddenly appear. During his time as Prosecutor General, he abused prosecutorial power, and as president, he abused presidential authority.” He further criticized, “He is a monster who always uses power in an extreme way to maintain and strengthen his authority.”


He said, “After reflecting on my own flaws and limitations, I will start anew on the day I regain my freedom,” and “I will throw myself back into realizing the tasks I could not accomplish while creating and leading the Innovation Party.”


Additionally, Choi Kang-wook, a former Democratic Party lawmaker and former Blue House Secretary for Public Office Discipline during the Moon Jae-in administration, shared a letter from Cho on social media on the 28th. Choi said, “(Cho) was very frustrated when hearing news from outside but soon adapted well,” and added, “He is eating well and exercising well.” He also said, “We will meet soon,” and “We will lock all the beasts behind bars, and he will come out.”


© The Asia Business Daily(www.asiae.co.kr). All rights reserved.

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