All Eight Justices Unanimously Dismiss Impeachment Motion
"No Evidence of Assisting Martial Law"
Some Refusals to Submit Materials to National Assembly Ruled Illegal...
"Not Sufficient Grounds for Removal from Office"
The Constitutional Court dismissed the National Assembly's impeachment motion against Minister of Justice Park Seong-jae on the 10th. Minister Park immediately resumed his duties 119 days after the impeachment motion.
On the same day at 2 p.m., the Constitutional Court held the verdict session for Minister Park's impeachment trial at the Grand Bench in Jongno-gu, Seoul, and unanimously dismissed the National Assembly's impeachment motion with all eight justices in agreement.
The Court judged that there was no evidence or objective data to recognize that Minister Park assisted in the declaration of martial law. The Court stated, "It is difficult to acknowledge that the President's resolution to declare martial law was strengthened or that its execution was facilitated solely because Minister Park attended the occasion where the President explained the purpose of declaring martial law or did not actively oppose the declaration."
Additionally, the Court acknowledged that Minister Park urgently convened senior officials of the Ministry of Justice immediately after the declaration of martial law and that the head of the Ministry's Correction Headquarters held a video conference with heads of correctional facilities, during which he said, "Check the capacity for detention." However, the Court stated, "It is difficult to recognize that the respondent instructed to prepare detention facilities for members of the National Assembly and others in accordance with the declaration of martial law based solely on these facts."
Regarding the meeting at the Presidential Safe House in Samcheong-dong, the Court said, "Merely the fact that a meeting was held at the Presidential Safe House after the martial law was lifted does not mean that the respondent was involved in the rebellion by discussing legal follow-up measures and seeking countermeasures related to the rebellion."
The Court judged some acts of refusing to submit materials requested by the National Assembly as illegal. Regarding the refusal to submit the departure records of Jang Si-ho from Seoul Detention Center, the Court found that "the departure records of detainees cannot be considered personal privacy matters" and ruled that the National Assembly's testimony and inspection law was violated. However, the Court also noted that the scope of the materials requested by the National Assembly was extensive and that Minister Park later allowed access to the materials through on-site verification, concluding that "it is difficult to see that the respondent violated the law with an active intention to go against the legal order." Regarding the refusal to submit materials related to the use of special activity funds by the Daejeon District Prosecutors' Office, the Court ruled that "the procedures under the National Assembly's testimony and inspection law were not followed" and deemed the National Assembly's request unlawful.
Regarding Minister Park's act of leaving during the plenary session of the National Assembly, the Court stated, "It is difficult to find any legal basis that a state council member must not leave after explaining the reasons for requesting a reconsideration of a bill until the vote is concluded," and added, "It is difficult to see that the respondent's act violated the obligation to comply with laws or the duty of sincerity under the State Public Officials Act."
Minister Park was impeached by the National Assembly on December 12 of last year for attending the Cabinet meeting on December 3, the day martial law was declared, without opposing former President Yoon Seok-yeol's plan to declare martial law, and for discussing follow-up measures to martial law the next day at the safe house in Samcheong-dong with former Minister of the Interior and Safety Lee Sang-min and others. The National Assembly also cited allegations that Minister Park ordered the preparation of detention facilities at Seoul Eastern Detention Center during martial law as grounds for impeachment.
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