Prosecution Refuses to Submit Cabinet Members' Statements
Constitutional Court May Reach a Conclusion Based on Existing Evidence... Deliberating Ruling Schedule
The Constitutional Court, which had only the ruling on the impeachment trial of Prime Minister Han Deok-su left, attempted to secure the statements given by the Cabinet members to the prosecution for additional hearings, but this was thwarted. The prosecution notified that it was difficult to comply with the request because the case is still under investigation. As additional hearings by the Constitutional Court have become difficult, there is a possibility that the schedule for the ruling on Prime Minister Han's impeachment trial may be affected.
According to the legal community on the 7th, the Constitutional Court requested the prosecution by the 6th to send certified copies of the statements of Cabinet members on the 4th, but received a reply indicating that submission was impossible. The materials requested by the Constitutional Court include suspect interrogation records and witness statements prepared by the prosecution related to the Cabinet meeting held just before the declaration of martial law on December 3 last year. It appears that the Court considered Article 32 of the Constitutional Court Act, which stipulates that "records of cases under trial, prosecution, or criminal investigation cannot be requested for submission."
The materials requested by the Constitutional Court were commissioned by the Court upon the National Assembly's application and include statements from Cabinet members and related persons, including Choi Sang-mok, Acting Prime Minister and Minister of Economy and Finance, and former Minister of National Defense Kim Yong-hyun. It is interpreted that this was intended to reinforce the National Assembly's claims related to one of the grounds for Prime Minister Han's impeachment, the charge of conspiracy to commit rebellion.
The Constitutional Court concluded the first hearing of Prime Minister Han's impeachment trial on the 19th of last month. The National Assembly requested an additional hearing date, stating that it had not received investigation records from the prosecution that could be submitted as evidence on the day of the hearing, but the Court rejected this and responded that the materials should be submitted as reference materials. Subsequently, the National Assembly received the investigation records from the prosecution on the 28th of last month and requested certified copies to be sent to the Court on the 4th.
Regarding the prosecution's recent notification of inability to submit, the National Assembly stated that it has no plans to request a resumption of the hearing or additional commissions. Accordingly, the Constitutional Court is expected to deliberate whether to make a ruling based solely on the materials secured during the hearing process. Since a council meeting where the justices discuss the overall pending case is scheduled for today, it is anticipated that discussions on the timing of the ruling on Prime Minister Han's case will also take place.
Opinions differ regarding the timing of the ruling. Some predict that the ruling will be made next week to fill the political vacuum, while others expect it to be issued around the same time as President Yoon's impeachment ruling, given the numerous contentious issues closely related to President Yoon's case, such as aiding rebellion. There is also speculation that, following the policy to prioritize President Yoon's case, the rulings on the remaining impeachment trials, including that of Prime Minister Han, will be made after the ruling on President Yoon's case.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
