Ruling Party Shifts to Active Defense Mode
Jang Donghyuk of People Power Party: "Administration Will Be Suspended"
As the Democratic Party of Korea is once again moving to push for the so-called "Presidential Trial Suspension Act," not only the political sphere but also the legal community is in turmoil. The atmosphere within the party began to shift after Kim Dae-woong, Chief Judge of the Seoul High Court, attended a National Assembly Legislation and Judiciary Committee audit on October 20 and was asked, "Isn't it possible to set a date at any time for President Lee Jaemyung's retrial?" He responded, "Theoretically, yes. It is not impossible."
While the Democratic Party leadership has drawn a line, saying, "No concrete plans have been made yet," the mood is tense. The Presidential Trial Suspension Act would stipulate in the Criminal Procedure Act that criminal trials against a president-elect must be suspended during their term in office. Article 84 of the Constitution states, "The President shall not be subject to criminal prosecution during their tenure, except in cases of insurrection or treason." The prevailing view in the legal community is that, based on this constitutional provision, trials involving the president are to be resumed after leaving office. However, as tensions rise between the ruling party and the judiciary, some speculate that this "theoretical possibility" could become a reality.
A chief judge in the Seoul metropolitan area commented on the ruling party's recent moves, saying, "In a situation where the possibility of resuming the trial seems slim, passing a bill in the manner of 'legislation tailored for a specific individual' violates the right to equality and does not seem appropriate." A lawyer who previously served as a judge remarked, "Chief Judge Kim's answer simply meant that, since there is no explicit legal provision, there could be theoretical legal debate. It was not an answer suggesting that the trial could actually be resumed."
Some argue that the judiciary itself should also deliberate on the issue of presidential trials. Han Sanghee, a professor at Konkuk University Law School, stated, "The courts also need to consider whether they have the authority to remove a president from office through their own judgment."
Meanwhile, the judiciary has expressed discomfort over the Democratic Party's mention of abolishing the Court Administration Office. A judge in Seoul commented, "This would effectively dismantle the independence of the judiciary and appears to be an attempt to control lower court judges at will."
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