Cho Seungrae: "Unconstitutional and Illegal Actions Confirmed, Including Failure to Appoint Ma Eunhyuk"
"Ma Eunhyuk Appointment Delay by Choi Sangmok Was Longer Than Han Deoksoo's"
The Democratic Party of Korea announced that although the impeachment trial verdict for Han Deok-su, Acting President and Prime Minister (hereinafter Acting Han), was dismissed, the impeachment procedure against Choi Sang-mok, former Acting Prime Minister and Minister of Economy and Finance (hereinafter Deputy Prime Minister Choi), will continue.
On the 24th, at the National Assembly in Yeouido, Cho Seung-rae, the chief spokesperson for the Democratic Party, told reporters regarding the verdict on Acting Han's impeachment trial, "Since Deputy Prime Minister Choi's unconstitutional and illegal actions have become clearer, the impeachment procedure against Deputy Prime Minister Choi, proposed by the Democratic Party and four other opposition parties, will continue."
He interpreted that the verdict on Acting Han confirmed ▲ that the quorum for impeachment resolution against Acting Han was judged to differ from the requirements for presidential impeachment, and ▲ that the failure to appoint constitutional court justices elected by the National Assembly and the failure to request recommendations for a permanent special prosecutor were deemed unconstitutional.
Chief Spokesperson Cho said, "Deputy Prime Minister Choi, as acting official, did not take two measures (appointing Ma Eun-hyuk as constitutional court justice and recommending a permanent special prosecutor)," adding, "If Deputy Prime Minister Choi steps down from the acting position today, it will have been about 87 days." He continued, "This exceeds the scope of 'without delay' as judged by the Constitutional Court," and "Meanwhile, the National Assembly's jurisdiction dispute was also accepted, and it has been about 25 days since it was accepted."
The phrase "without delay" appears in Article 3 of the Act on the Appointment of Special Prosecutors. When a special prosecutor investigation is decided, the president must request the Special Prosecutor Candidate Recommendation Committee to recommend two special prosecutor candidates 'without delay.' The period during which Acting Han did not request the recommendation of special prosecutor candidates was about 10 days. Four constitutional court justices who issued dissenting opinions ruled that there were no separate regulations or precedents regarding this phrase and that it did not violate the Special Prosecutor Act.
Chief Spokesperson Cho interpreted that in the case of Deputy Prime Minister Choi, since he deferred the decision for a much longer period than 10 days, there are sufficient grounds for unconstitutionality and illegality.
Regarding criticism that the impeachment of Acting Han was too hasty, Chief Spokesperson Cho responded, "Whether it was hasty or not is a retrospective evaluation," and added, "I believe it was right to proceed as quickly as possible."
He stated, "Even if Acting Han returns to the acting position, it is a change of person, but as the head of the executive branch, the acting official must perform the duties required," and insisted, "Acting Han must immediately appoint Justice Ma."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
