"Unified Interpretation of the Law by the Court Is Essential"
Defending the Indefinite Postponement by the Election Law Violation Panel
Park Jumin, a member of the Democratic Party of Korea, criticized former People Power Party Representative Han Donghun for claiming that the president can be tried under Article 68 of the Constitution, saying, "You should study the law again before making such claims." On June 10, Park wrote on his social media account, "Does former Representative Han not see the word 'president-elect' in Article 68 of the Constitution?" Park continued, "Even in the very Article 68 that former Minister Han cited, the text specifically distinguishes between 'when the presidency is vacant' and 'when the president-elect loses eligibility.' The status of the president-elect is clearly defined by the Act on the Handover of Presidential Duties. It states that the president-elect holds this status until the day before the start of the presidential term."
He further pointed out, "Both the Constitution and the law distinguish between these two terms and statuses based on when the duties of the president, who is entrusted with national responsibilities, officially begin. Constitutional Court precedents also differentiate between the status and duties of the president and the president-elect." He added, "Do I really need to explain this to someone who once served as the Minister of Justice?" He also noted, "The claim that 'the concept of criminal prosecution includes the continuation of trials' was actually the Ministry of Justice's response during his own tenure as minister."
Han Donghun Cites 'Constitution Article 68' Regarding Delay in President Lee's Trial
On June 9, former Representative Han stated on his social media, "Article 68 of the Constitution clearly stipulates that 'even the president can lose eligibility by court ruling.' If, as claimed by the Democratic Party and the Seoul High Court Criminal Division 7, a president's ongoing trial is suspended upon inauguration, it would be difficult to explain the phrase 'when the president loses eligibility by court ruling.'" He emphasized, "Under the Constitution, President Lee Jaemyung's trial cannot be suspended. This is not only constitutionally correct but also aligns with the common sense of the majority of the public." In a subsequent post, Han shared a news article about the Democratic Party delaying the passage of the so-called 'Presidential Trial Suspension Bill,' arguing, "'The power-related trial suspension bill' should not just be postponed but withdrawn altogether. This is what the Constitution says, and it is also the view of public opinion (64%)."
The 64% figure that Han referred to as public opinion appears to be based on a poll asking voters whether President Lee should continue to stand trial for ongoing cases after his election. Previously, on June 3, the three major terrestrial broadcasters?KBS, MBC, and SBS?conducted a survey at 60 polling stations across 17 cities and provinces nationwide, asking 5,190 voters, "If candidate Lee Jaemyung becomes president, what should be done about his ongoing trials, such as the Public Official Election Act retrial?" At that time, 63.9% of respondents said President Lee's trial should continue, 25.8% said the trial should be suspended, and 10.3% responded that they were unsure.
Meanwhile, on June 9, the Seoul High Court Criminal Division 7 announced that it had postponed President Lee's retrial hearing, which was originally scheduled for June 18, and would set a new date at a later time. This procedure is used when it is difficult to specify a new date for the hearing. The Seoul High Court explained that this measure was taken in accordance with Article 84 of the Constitution.
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