Multiple constitutional complaints have been filed regarding the court's decision to effectively suspend President Lee Jae Myung's trials related to the Public Official Election Act and the Daejang-dong case, focusing on Article 84 of the Constitution.
According to the legal community on June 10, the Constitutional Court received four constitutional complaints over the past two days, starting from the previous day. These complaints allege that "the decision by the Seoul High Court panel to postpone the trial date for President Lee infringes on the right to equality." All the cases were filed by ordinary citizens and include requests to determine whether the application of presidential immunity and the delay of President Lee's trial by the court are unconstitutional, as well as to confirm whether Article 84 of the Constitution itself is unconstitutional.
The Constitutional Court has assigned these complaints to designated panels and has begun reviewing their admissibility. In the case of constitutional complaints, a designated panel of three justices conducts a preliminary review after the petition is received. If the panel finds the complaint legitimate, it is referred to the full bench for a substantive hearing. However, if the panel determines that the petition does not meet the necessary requirements, it is dismissed.
There are conflicting interpretations as to whether the presidential immunity stipulated in Article 84 of the Constitution extends to ongoing trials. "Prosecution" is divided into impeachment prosecution and criminal prosecution, but Article 84 only addresses criminal matters. According to the dictionary definition, "prosecution" refers to the act of indictment, that is, when the prosecution files charges. If the provision is interpreted literally, trials for which President Lee has already been indicted may continue. Since Article 84 is intended to ensure the stable administration of state affairs by the president, there are opposing views on whether it should also encompass all trial procedures connected to an indictment.
Previously, the Seoul High Court panel in charge of President Lee's election law appeal trial and the Seoul Central District Court panel handling the Daejang-dong case each changed and postponed the trial dates scheduled for this month, citing Article 84 of the Constitution as the basis for their decisions.
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