[앵커]
About 10 judges were handed over to trial because they were involved in the’Judongdan’ incident, but Deputy Judge Im Seong-geun is the only judge who received an impeachment bill.
Unlike other judges, why was Judge Lim on the impeachment trial?
Reporter Han Dong-oh pointed out.
[기자]
A total of 14 judges were handed over to the trial for alleged abuse of judicial administration power.
Among them, 6 people took off their legal uniforms.
First of all, former Chief Justice Seung-tae Yang, former Supreme Court Justice Park Byeong-dae, and Young-han Ko had their terms of office expired, and former Deputy Chief of Court Administration Lim Jong-heon and former Supreme Court Commissioner Gyu-jin Lee gave up or rejected the application in the re-appointment review process that returns every 10 years.
Former Supreme Court Chief Justice Hwang Yu-Yong retired four months before the prosecution’s investigation began.
There is no judge who resigned after being handed over to trial like Judge Lim.
[양승태 / 당시 대법원장 (2017년 퇴임사) : (사법부에) 폭력에 가까운 집단적인 공격조차 빈발하고 있습니다. 이는 사법부가 당면한 큰 위기이자….]
However, among the eight remaining incumbent judges, Lee Min-geol, former head of the Planning and Coordination Office of the Court Administration Department, is about to resign at the end of this month, like Judge Im, but no impeachment proceeding has been proposed.
Then, why did only Judge Lim come to the impeachment trial?
First of all, although he was convicted of innocence in the first trial, the most direct basis was that Judge Lim was clearly admitted that he had committed’unconstitutional acts’.
According to the judgment, it is stated that the fact that Judge Lim’s involvement in the trial by using his position or personal relationship is considered to be an’unconstitutional act’ that violates the independence of the judge.
Like other judges, even if the charges of abuse of power are not admitted, and thus criminal liability cannot be held, it can be considered as a reason for impeachment.
Two former Presidents Roh Moo-hyun and Park Geun-hye also received a proposal for impeachment regardless of the legal judgment on criminal liability, but the legal community interprets that the requirements for the establishment of a crime and the requirements for impeachment differ in nature and degree of proof.
[노희범 / 변호사 (전 헌법연구원) : 모든 나라의 헌법에서는 선언적 규정이 많지 않습니까. 헌법 몇 조를 위반한 경우 어떤 형벌에 처한다 이런 규정이 있는 경우는 없습니다. 헌법 103조 법관의 재판 독립의 원칙을 침해했다고 판단한다면 탄핵 사유로 인정할 수 있다는 거죠.]
The Constitutional Court, which received the National Assembly’s impeachment prosecution, appointed Judge Lee Seok-tae as the head judge and started a full-scale hearing, including forming a TF.
After the Lunar New Year holidays, the parties are expected to make a decision on whether to unconstitutional the first ever impeachment of an incumbent judge after setting the date for the pleading in person.
As it is the first judgment on impeachment against an incumbent judge, the prospect that the Constitutional Constitution will make a detailed judgment on the unconstitutionality is predominant even after Judge Lim Seong-geun resigns.
Depending on what decision the constitution makes, it is expected that it will directly or indirectly affect the impeachment of other incumbent judges or the trial, which is raising interest in the legal profession.
YTN Han Dong-oh[[email protected]]is.
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