The Constitutional Court of Korea said in a briefing Friday that impeachment trials are not influenced by the personal inclinations of justices, countering claims from the ruling party questioning some of the justices' impartiality.
The court’s press officer, Cheon Jae-hyun, said that impeachment trials only focus on whether a defendant's actions violated the Constitution or the law, along with the severity of such violations.
“(Justices’) judgments are made through the objective application of constitutional and legal principles, not through the personal leanings of individual justices,” Cheon told reporters on Friday.
These remarks by the court come amid accusations from the ruling People Power Party that certain court justices have displayed political bias in the past.
Ruling Party floor leader Rep. Kweon Seong-dong on Thursday questioned the "fairness" of acting Chief Justice Moon Hyung-bae, citing his ties to Democratic Party of Korea Chair Rep. Lee Jae-myung during their law school days.
The ruling party also criticized Justices Lee Mi-son and Cheng Kye-sun for their association with the progressive “Our Law Research Association” (direct translation), alleging a lack of impartiality.
In the briefing, Cheon said that the Constitutional Court is concerned that these remarks being made by certain politicians and media outlets amount to sweeping judgments discrediting the justices' impartiality, and warned against undermining the authority and independence of South Korea's judiciary branch of government.
Meanwhile, the court said Friday that it has approved the request from Yoon’s legal representatives to examine National Security Advisor Shin Won-sik and former National Intelligence Service Deputy Director Baek Jong-wook as witnesses. They are expected to testify Feb. 11.
The upcoming hearing -- the fifth of eight scheduled hearings -- will take place on Tuesday. The justices have already approved the examination of a number of high-ranking military officials, who are the National Assembly’s requested witnesses. They include suspended Korean National Police Agency Commissioner Cho Ji-ho, former Commander of the Capital Defense Command Lee Jin-woo, former head of the Defense Counterintelligence Command Yeo In-hyeong, former Deputy Director of the National Intelligence Service Hong Jang-won and former Commander of the Army Special Warfare Command Kwak Jong-geun.
Meanwhile, on Monday, a day before the fourth impeachment trial hearing, the court is expected to deliver its verdict on the case over the appointment of Ma Eun-hyuk, a Constitutional Court justice nominee.
The case comes after acting President Choi Sang-mok refused to appoint Ma, one of the two main opposition party-recommended nominees, to fill the remaining Constitutional Court justice position on the nine-member bench.
Choi appointed two out of the three nominees recommended by the National Assembly but delayed Ma’s appointment, citing the need for confirmation of bipartisan agreement.
In response, the National Assembly filed a complaint on Jan. 3, challenging Choi’s decision as unconstitutional.
During the court proceedings, Choi’s legal representatives failed to provide a clear justification for appointing one opposition-recommended nominee — Chung Kye-sun — while excluding the other, Ma Eun-hyuk.
If the court rules that Choi’s actions were unconstitutional, he will be mandated to appoint Ma as a Constitutional Court justice, filling all posts on the court.
ddd@heraldcorp.com
