Supreme Court Chief Kim Myung-soo is receiving a letter of appointment from President Moon Jae-in at the Blue House in September 2017. Chief Justice Kim emphasized the independence of the judiciary at the inauguration ceremony held immediately after that. [중앙포토]
– In addition, Democratic Party lawmakers proposed impeachment proceedings for Deputy Judge Im Seong-geun. It is voted in the National Assembly on the 4th. With more than 170 seats for the Democratic Party, there is a high possibility that it will be passed with a majority vote of 300 members. Although a proposal for impeachment of the Chief Justice and the Supreme Court Justice has been submitted to the National Assembly (both rejected), it is the first time in the history of the constitution that a general judge has been treated.
At the time of inauguration, he pledged to “protect the independence of the trial with the whole body”
Consistent with silent attempts to impeach the first judge
– Judges are not dismissed unless they are sentenced to imprisonment or higher or are eliminated from reappointment due to serious disqualification. Since the re-appointment examination is conducted every 10 years, there may be a case where the judges who have not been sentenced to imprisonment or higher will have to continue the trial, but have revealed serious moral problems. Assuming this situation, the impeachment system has been prepared as a complementary measure. It is designed to adhere to the grand principle of ensuring the independence of the judiciary. It was not designed as a means of congressional control of the judiciary.
There were countless cases of Korean political forces complaining to the courts. However, it has never reached a proposal for impeachment of a general judge. There has never been a consensus among the public that there is an obvious reason for disqualification from the judges being attacked, and the lawmakers have considered social impact. Respect for the judiciary and establishment of separation of powers were recognized as the norms of the community.
Judge Lim was prosecuted after it was revealed that he had told a junior judge that it would be desirable to include certain details in the judgment. In the first trial against him, the judge pointed out that this was an’unconstitutional act’. However, the court found him not guilty, which judged that the act of Judge Lim did not actually affect the outcome of the trial. It was also confirmed that the draft of the judgment had already been prepared.
Did Deputy Judge Lim really do anything that deserves impeachment? The answer may differ depending on your point of view and perspective. From the side of the group, the Democratic Party lawmakers doubt their will. The decision to invalidate the disciplinary action of Prosecutor General Yoon Seok-yeol, Gyeongnam Governor Kim Gyeong-soo conviction, Prof. Kyung-Shim Chung in court, and Choi Kang-wook’s representative imprisonment (suspension of execution) appear to threaten judges.
I ask Supreme Court Chief Kim Myung-soo. Do you agree to the impeachment of Judge Lim? When Chief Justice Kim was inaugurated, he declared, “I will completely stop any attempts to infringe on the independence of judges, and secure the independence of the judiciary.” At the opening ceremony last month, he said, “We will respond resolutely and firmly to unfair external attacks that infringe on the independence of the trial.” Chief Justice Kim is silent about the unprecedented attempt to impeach a general judge. Can I take this silence as a message saying’I don’t see it as a violation of the judiciary’s independence?’ If not, why is there no Japanese hemisphere? How should the people and judges understand the head of the judiciary who stands by this chaos? Chief Justice Kim hopes that the significance of existence will be imprinted with actions appropriate to the position.
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