Former Judge Park Heeseung Publicly Criticizes Special Tribunal for Insurrection
At Committee Meeting: "Judicial Power Belongs to the Courts Under the Constitution"
"Mistaken to Attack the Courts... Reform Should Be Led Internally"
As the Democratic Party of Korea is pushing for the establishment of a special court for insurrection, Park Heeseung, a Democratic Party lawmaker and former judge, argued that "trying to pass a special court bill for insurrection without amending the Constitution is an extremely dangerous idea." On September 8, during a meeting of the Democratic Party's special committee responding to the three major special prosecutors (insurrection, Kim Keonhee, and the death of a Marine in the line of duty), Park stated, "Article 101 of the Constitution stipulates that judicial power resides in the courts."
Park said, "Even if the bill passes, it is doubtful whether the president would accept it, and even if a trial is held, a constitutional challenge to the law establishing the court would be filed immediately. Without constitutional clarification, this cannot be brought forward." He continued, "It is important to conduct trials for insurrection and ensure proper punishment, but if the proper procedures are not followed, it could become a subject of controversy for a long time." He added, "If a trial is held and later the very composition of the court is ruled invalid or unconstitutional, who will take responsibility for that?"
He further stated, "It is wrong to indiscriminately attack the courts. If we are dissatisfied with the Ji Guyoun panel or the Supreme Court's decision to remand the case of President Lee Jaemyung's violation of the Public Official Election Act, we should point out only those specific issues and encourage the courts to reform themselves."
He went on to say, "For the National Assembly to directly attack and amend the law is no different from former President Yoon Sukyeol ignoring the separation of powers, declaring martial law, and entering with guns. For the National Assembly to recklessly attack just because it has power is inconsistent with the attitude of restraint in the exercise of power, as stated in the Constitutional Court's impeachment decision."
This is the first time a public opposition has been raised within the Democratic Party regarding the special court for insurrection. On this day, it was reported that Park spoke without prior coordination with other committee members. In response to Park's remarks, Jeon Hyunhee, the chief of the special committee, said after the meeting, "This is not something that has been discussed at the committee or party level," and added, "The official party term is not 'special court for insurrection' but 'dedicated court for insurrection.' We believe that there is no unconstitutionality or illegality in establishing a dedicated court for insurrection under the current Constitution and laws."
The Democratic Party began pushing for the establishment of a special court for insurrection after the arrest warrants for former Prime Minister Han Ducksoo and others were dismissed. The party is also pursuing judicial reform bills, including an increase in the number of Supreme Court justices. Previously, on September 1, Supreme Court Justice Cheon Daeyeop, the head of the National Court Administration, stated at a plenary session of the National Assembly's Special Committee on Budget and Accounts that the special court for insurrection "could infringe on the independence of the judiciary."
He said, "If trials are held in the special court for insurrection, defendants will likely claim it is an 'unconstitutional measure.' If the Constitutional Court finds it unconstitutional, such a historic trial could be rendered invalid, which would be a grave situation. From this perspective, I believe this matter requires very careful consideration," expressing a view similar to Park's.
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