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Yoon impeachment trial’s presiding justice under spotlight

By Kim Da-sol
Published : Dec. 17, 2024 - 15:27

The Constitutional Court justice Jeong Hyeong-sik exits his car as he arrives at the court in Seoul on Tuesday. (Yonhap)

With South Korea’s Constitutional Court prioritizing President Yoon Suk Yeol’s impeachment proceedings, concerns surfaced over the role and potential influence of Justice Jeong Hyeong-sik, the chief justice in Yoon’s trial.

Jeong, 63, was directly appointed by Yoon in December last year for a six-year term.

Though the president seems to have no direct ties with the justice, they are connected through Park Sun-young, chair of the Truth and Reconciliation Commission. Park was appointed by Yoon on Dec. 6, three days after the declaration of martial law. Park is also Justice Jeong’s sister-in-law and her husband is a former Supreme Court justice Min Il-young.

The floor leader of the main opposition Democratic Party of Korea, Park Chan-dae, criticized Yoon for appointing Park. He suggested it might be an attempt to avoid “a bullet” before the impeachment trial, highlighting her connection to the justice.

Jeong is widely regarded as a conservative, and some critics have suggested that the trial could lean in Yoon’s favor.

At court, the chief justice is responsible for the overall process of the trial, including preparation for arguments and deliberations. He also drafts the initial versions of the court’s decisions.

Jeong, a Seoul National University law school graduate, held various high-profile roles including Chief Judge of the Seoul Bankruptcy Court and Chief Judge of the Daejeon High Court after passing the bar exam in 1985.

He is seen as both a principal-based jurist and a divisive figure based on his past rulings.

Some of his latest rulings include the rejection of the impeachment of Prosecutor Ann Dong-wan of the Busan District Prosecutors’ Office who was accused of retaliatory indictments.

Jeong also ruled that imposing comprehensive real estate taxes on owners of two homes in regulated areas was an infringement of property rights.

Last year, Jeong called for the government to recognize the unconstitutionality of its inadequate greenhouse gas reduction goals, showing a willingness to hold the government accountable.

In 2015, Jeong was selected as an “outstanding judge” in a survey conducted by the Seoul Bar Association.

Meanwhile, the Constitutional Court emphasized that the chief justice’s role “does not influence the speed or direction of the trial because all six justices will participate in the trial.”

It also did not officially confirm or deny the news reports that Jeong has been designated as the chief justice, adhering to its principle of confidentiality.

“We didn’t have any exceptional reason to disclose the chief justice,” Moon Hyung-bae, acting chief of the Constitutional Court said in a statement Monday.

It is not mandatory for the court to reveal the chief justice, who is selected through a random draw. This time, four justices entered the draw because two other justices were already presiding over other trials. In 2017, the court revealed the chief justice with ex-President Park Geun-hye’s impeachment case, citing the “severity of the issue.”

The Constitutional Court has set the first preparatory hearing date on Dec. 27, just 13 days after receiving the impeachment resolution from the parliament. This rapid scheduling mirrors the court’s approach compared to the prior impeachment cases, such as those involving former Presidents Roh Moo-hyun (2004) and Park Geun-hye (2016) which took 18 days and 13 days, respectively, to kick off its first hearing.




By Kim Da-sol (ddd@heraldcorp.com)

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