The Korea Herald

소아쌤

Impeachment trial to consider agencies' written statements

By Yoon Min-sik

Published : Dec. 13, 2016 - 16:58

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As the Constitutional Court prepares for the impeachment trial of President Park Geun-hye on Tuesday, sides for and against the embattled leader are preparing written statements to make their case.

Park, whose presidential power was put on hold after the parliament passed a motion to impeach her on Friday, is reportedly focusing on writing her own statement to claim why her impeachment is unlawful. The documents are due by Friday.

The court has also requested the parliament and the Justice Ministry to submit their own opinions on the case by next Monday. The process is to hear from each side before deliberating the case, with the court seeking the ministry’s views for legal matters.

While the statements are not legally binding, it can be a reference for the court in deciding whether or not Park will become the first president in history to be legally pulled out of office.
The nine justices of the Constitutional Court will decide whether to approve or reject the parliamentary impeachment of President Park Geun-hye. (Yonhap) The nine justices of the Constitutional Court will decide whether to approve or reject the parliamentary impeachment of President Park Geun-hye. (Yonhap)
At least six out of nine justices must rule in favor for the parliament’s motion for Park to be impeachment.

The National Assembly on Friday passed the motion in a landslide vote, buoyed by powerful public sentiment against the president for her alleged involvement in the corruption and influence-peddling scandal.

The scandal is centered on her confidante and civilian friend Choi Soon-sil, who is believed to have used her relationship with Park to meddle in state affairs, embezzle public funds and coerce local entrepreneurs for her benefit.

“I heard that Park was meeting those in legal circles, with whom she is discussing details related to the trial and independent counsel (on Choi scandal),” an official from the ruling Saenuri Party told local media.

The independent counsel Park Young-soo’s team on Tuesday said that it expects to finish reviewing the reports on the prosecution’s investigation this week, after which it will launch the investigation into the scandal.

Park’s team is expected to investigate allegations raised by, or touched by the South Korean prosecutors. This includes proving bribery allegations against the president -- which the prosecution failed to dig deeper into -- and controversy surrounding her actions during the 2014 deadly sinking of the Sewol ferry.

The investigation against President Park can also be a factor for the justices, who agreed on Monday to review all charges in the impeachment motion including abuse of authority and embezzlement. This would mean that a swift ruling would be unlikely.

Judging from the 2004 impeachment trial of former President Roh Moo-hyun, it is likely other parties including civic groups would also submit their opinions on the case. Roh was accused of violating election law by publicly urging support for his party.

But the move sparked a nationwide backlash, who viewed Roh’s impeachment as political retribution.

At that time, groups like the Korean Bar Association and Lawyers for a Democratic Society, or Minbyun, opposed the impeachment. But some civic groups supported the parliament’s case.

The reaction from the people took a completely different turn this year, as millions of citizens gathered in a protest to actually demand Park’s impeachment.

The KBA and Minbyun had also welcomed the parliament’s decision Friday and demanded the Constitutional Court to impeach Park.

“The (KBA) stresses that the Constitutional Court should speedily reach a conclusion on the impeachment trial -- preferably by late January before the court’s President Park Han-chul finishes his term -- and contribute to stabilizing the government,” the KBA said in its statement.

Rep. Ahn Cheol-soo of the minor opposition People’s Party recently submitted about 210,000 signatures to the Constitutional Court demanding Park’s ouster.

With the nation’s eyes on the Constitutional Court, its justices on Tuesday convened their second meeting on the impeachment trial and discussed procedures.

Officials said they have yet to reach a definitive conclusion, and are planning to have daily meetings on the case for the time being.

By Yoon Mins-sik (minsikyoon@heraldcorp.com)