In the first ever impeachment trial against a judge, the Constitutional Court rejected the National Assembly’s request for an impeachment trial against former Busan High Court Judge Im Seong-geun as inappropriate.
On the 28th, the Constitutional Court said, “It is a case in which former Chief Judge Lim retired from the judicial office due to the expiration of his term during the impeachment trial. It cannot be done, so it is inappropriate to request an impeachment trial by the National Assembly.” Contrary to the opinion of dismissal when the request for an impeachment trial is not accepted, the request for an impeachment trial is dismissed if it does not even meet the requirements of the request for an impeachment trial. In order to dismiss former Chief Justice Lim, at least 6 out of 9 judges must cite the request for an impeachment trial.
Judge Lee Seon-ae, Lee Eun-ae, Lee Jong-seok, Lee Young-jin, and Judge Lee Mi-sun gave the same conclusion but for different reasons. Four judges, including Justice Lee Seon-ae, said, “In order to recognize that there is an interest in impeachment trial, if the wording and purpose of the relevant provisions, such as the Constitution and the Constitutional Court Act, and the intentions of the constitutional makers regarding the term of office of judges and the impeachment system, etc. It is absolutely required that the former Chief Judge Im hold the relevant office until it is done,” he explained. He continued, “Ex-Chief Judge Im retired from his position as a judge on March 1 of this year, and as a result, he ceased to hold a public office. Because former Chief Judge Im retired from public office, it means that the request for impeachment to dismiss a public official did not meet the requirements.
On the other hand, Chief Justice Yoo Nam-seok and Judge Lee Seok-tae Kim Ki-young expressed their opinion that they would cite the impeachment trial, even though they could not fire former Deputy Chief Justice Im. “Ex-Chief Judge Im served as Chief Criminal Chief Judge of the Seoul Central District Court, and his involvement in the trial of former President Park Geun-hye, including the defamation of former President Park Geun-hye, former head of the Seoul bureau of the Sankei Shimbun,” “If the judge gives an indulgence in the impeachment trial without taking any action on the grounds of the judge’s strong identity guarantee, we will tolerate the situation in which no one is held responsible for acts that infringe on the independence of the trial,” he said. Judge Hyeong-bae Moon, apart from the citation or dismissal, made an opinion that the trial procedure should be terminated because former Chief Judge Im retired from public office. Previously, the National Assembly held a plenary session on February 4 this year and voted on the impeachment charge against former Chief Justice Im, who was incumbent at the time, and passed the vote with 179 out of 288 seats in favor. Rep. Lee Tan-hee, a member of the Democratic Party of Korea, who proposed the impeachment charge, and others argued, “Ex-Chief Judge Im intervened in the trial process and acted as a ‘judicial nongdan’ broker by modifying the contents of the judgment.” Lim, who is currently undergoing a criminal trial separately from the impeachment trial for allegations of involvement in the trial, was acquitted in both the first and second trial trials. In August of this year, the Seoul High Court delivered a second trial judgment against former Chief Judge Im, saying, “It is inappropriate to participate in the trial, but it cannot be an abuse of power under the Criminal Code.” The appellate trial against Lim, the former chief judge, was assigned to the third division of the Supreme Court (Chief Judge Kim Jae-hyung).
Reporter Sang-Jun Park speakup@donga.com Go to reporter page>
By Kim Tae-seong, staff reporter kts5710@donga.com
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