"Proceeding with Trial After Campaign Period Begins Is an Unconstitutional Political Trial"
Supports Increasing Supreme Court Justices... On Calls to Impeach Cho Hui-dae: "Caution Needed"
Lee Seokyeon, co-chair of the election committee for the Democratic Party of Korea, criticized on the 6th that the Supreme Court appeal trial regarding presidential candidate Lee Jaemyung's Public Official Election Act case is "an unconstitutional political trial that exceeds the limits of judicial authority."
Lee, who previously served as a constitutional researcher and head of the Ministry of Government Legislation, held a press conference at the National Assembly that afternoon and argued, "This is a ruling that goes beyond the authority to judge others granted to judges by the people through the Constitution."
He emphasized, "Democracy is about respecting procedures and means, not just prioritizing the end goal," and added, "If due process is ignored, regardless of the objective being pursued, it becomes an abuse of public power and an unconstitutional act."
Lee particularly stated, "If a ruling is hastily handed down before the 6·3 presidential election, not only will that decision be unconstitutional and invalid, but from that moment, the rule of law in the Republic of Korea will collapse." He further claimed, "Regardless of whether impeachment proceedings are initiated against the judges, this constitutes a criminal act by the Supreme Court."
Regarding the Seoul High Court's decision to schedule the remanded trial for the 15th, he said, "The 15th falls within the official election campaign period," and added, "The spirit of the Constitution is that once the campaign begins, all candidates must be guaranteed equal opportunity."
Lee also pointed out that the prosecution's act of indicting the candidate for violating the Public Official Election Act itself is problematic.
He commented, "It's like wielding the sword against the defeated once again," and described it as "a posthumous punishment verdict, dragging up an issue for someone who has already been judged by the people as an unsuccessful candidate."
Regarding Article 84 of the Constitution, which stipulates the sitting president's immunity from prosecution, he stated, "Since a trial is an extension of prosecution, it is naturally included in the concept of prosecution," expressing his view that criminal trials should be suspended if a candidate is elected president.
On the issue of increasing the number of Supreme Court justices, he said, "The number of justices should be increased to around 25," adding, "Only then can the right to a fair trial be fully guaranteed."
However, regarding the calls for impeachment of Supreme Court Chief Justice Cho Hui-dae, he said, "Chief Justice Cho must be held accountable for making an unconstitutional ruling," but added, "Personally, I think we should be cautious about impeachment."
Additionally, he raised suspicions that Chief Justice Cho may have initially intended to render a direct ruling (a "remand reversal," where the Supreme Court overturns a lower court's decision and issues its own verdict without sending the case back), but decided on a remand due to opposition from other justices.
Lee argued, "Chief Justice Cho may now regret not choosing a direct ruling," and added, "There is a strong possibility that the justices opposed a direct ruling."
In this regard, Lee Geontae, spokesperson for the election committee, stated during a briefing that day, "The People Power Party persistently claimed a 'remand reversal scenario.' The Supreme Court must clarify whether this was actually considered in advance," and added, "Was the Supreme Court trying to meet the demands of the forces behind the 12·12 military coup?"
Meanwhile, the Rebuilding Korea Party plans to draft and release an impeachment bill targeting the Chief Justice and Supreme Court justices on the 8th, before formally submitting it.
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