Opinion Submitted to Constitutional Court on the Morning of the 7th
"Prosecution's Decision Unjust... Contrary to Precedent"
Prosecution Refuses to Send Investigation Records on the 6th
The National Assembly side has once again requested the Constitutional Court, which is about to deliver a ruling on the impeachment trial of Prime Minister Han Duck-soo, to secure the records of cabinet members prepared by the prosecution.
According to the legal community on the 7th, the National Assembly's legal representatives submitted a written opinion asking the prosecution to resend the request for certified copies. The prosecution refused the request on the 6th, citing that the case is under investigation.
In response, the National Assembly stated in the opinion that the prosecution's refusal to send certified copies is an unjust disposition, and included a request to resend the application so that the previously requested investigation materials can be received from the Prosecution's Special Investigation Headquarters for Emergency Martial Law and submitted as evidence.
On the 4th, the National Assembly had requested the Constitutional Court to secure materials containing statements from cabinet members and related persons, including Choi Sang-mok, Acting Prime Minister and Minister of Economy and Finance, Cho Kyu-hong, Minister of Health and Welfare, and Kim Yong-hyun, former Minister of National Defense, but the request was thwarted due to the prosecution's refusal.
The National Assembly emphasized, "The prosecution's refusal denies the Constitutional Court's interpretation of Article 32 of the Constitutional Court Act," and added, "Refusing the Constitutional Court's request for sending certified copies goes against established precedents."
Article 32 of the Constitutional Court Act stipulates that the Constitutional Court cannot request records of cases under investigation or trial from investigative agencies or courts. However, the Constitutional Court has interpreted that requesting certified copies instead of originals is permissible and has utilized this in trials.
The National Assembly pointed out, "Police, the Corruption Investigation Office for High-ranking Officials, and courts have sent certified copies upon the Constitutional Court's request for record certification, and these have already been submitted as evidence in impeachment trials," and stated, "The prosecution's recent decision is an unjust disposition."
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