Led by the Democratic Party... Opposition from the People Power Party
The National Assembly Legislation and Judiciary Committee, led by the Democratic Party, has introduced a proposed amendment to the Criminal Procedure Act that would suspend ongoing criminal trials if a defendant is elected president. Lawmakers from the People Power Party opposed the introduction of the bill, but it was tabled with 9 out of 14 members present voting in favor.
On the 2nd, at the plenary meeting of the Legislation and Judiciary Committee held at the National Assembly in Yeouido, Seoul, Chairman Chung Cheongrae is striking the gavel. Photo by Yonhap News
On the 2nd, the Legislation and Judiciary Committee held a plenary session and put the proposed amendment to the Criminal Procedure Act to a vote, with 9 out of 14 members present voting in favor. Lawmakers from the People Power Party opposed the introduction of the bill.
The Democratic Party plans to refer the bill to the Legislation Review Subcommittee for examination and then process it at a plenary session next week.
The amendment, proposed by Democratic Party lawmaker Kim Yongmin, aims to add a provision to Article 306 of the Criminal Procedure Act stating, "If a defendant is elected president, the court must, by decision, suspend the trial proceedings from the date of election until the end of the term." The supplementary provisions include that "this law shall take effect from the date of promulgation" and "this law shall also apply to the president in office at the time of enforcement."
Currently, Article 84 of the Constitution stipulates that "the president shall not be subject to criminal prosecution during their term of office, except in cases of insurrection or treason." However, there is no clear regulation on whether a criminal trial can continue if a person who has already been indicted and is on trial for offenses other than insurrection or treason is subsequently elected president.
Therefore, if Democratic Party candidate Lee Jaemyung is elected in the upcoming presidential election, confusion is expected over whether the trial related to the Public Official Election Act can continue. The amendment would suspend the criminal trial of an elected defendant during their term of office, thereby preventing such confusion.
In his explanation for proposing the bill, Kim stated, "Under the current legal system, there may be a conflict between the constitutional privilege of immunity from prosecution and the actual operation of trials." He explained, "Therefore, for a defendant elected president, the criminal trial process should be suspended during the period when Article 84 of the Constitution applies, so that the constitutional privilege of immunity from prosecution is procedurally realized."
Jang Donghyuk, a lawmaker from the People Power Party, countered this by saying, "You are trying to make this law for a specific individual without taking political responsibility or stepping down as a candidate," and added, "Granting privileges to a specific person is not permitted under the Constitution."
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