The "justice crisis" of the country … The "special court of South Korea is unconstitutional"



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Im Jong-heon, the former deputy director of the court administration, is summoned by the Seoul Central District Prosecutor's Office for an initial investigation after his arrest on December 28. Mr. Lim, who has been identified as one of the leading practitioners of allegations of abuse of power of the judiciary, has been deputy director and deputy director of the Planning Division. and from the coordination of the administration of the courts from 2012 to 2017. Lim was arrested on February 27 for the first time since the abduction of the judicial authority. [뉴시스]

Im Jong-heon, the former deputy director of the court administration, is summoned by the Seoul Central District Prosecutor's Office for an initial investigation after his arrest on December 28. Mr. Lim, who has been identified as one of the leading practitioners of allegations of abuse of power of the judiciary, has been deputy director and deputy director of the Planning Division. and from the coordination of the administration of the courts from 2012 to 2017. Lim was arrested on February 27 for the first time since the abduction of the judicial authority. [뉴시스]

The issue is becoming increasingly important as the ruling party's nuclear power, which adds to the creation of a special court for abuse of justice, where politicians work hard, as well as the chief of the National Security Agency. Cho said in his 28th morning on Facebook: "The public increasingly suspects justice, it is the crisis of justice and the crisis of the nation", written by Professor Park Chan-wun of the Faculty of Justice. right of Hanyang University. In political circles, Cho's comment has been described as a "Facebook policy" in which Professor Park wrote his position. This article also states that "the creation of the Special Court is a constitutional and legislative act of the representative of the sovereign aimed at ensuring a fair trial for farmers who exercise justice". In the afternoon, Cho expressed regret for the critical badysis of the introduction of the special court.

The previous day (27), he wrote that "the Special Court is based on a reasonable suspicion that a fair trial is difficult". Many of the alleged abuses of the judiciary are currently judges of the criminal justice department of the Seoul Central District Court and a separate court could guarantee fair trials.

Joe has recently published articles and editorials on special Facebook jurisdictions and is actively involved in creating special courts. He is also responsible for prosecution and court staff. His writings and remarks are therefore of interest to political and legal parties.

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In addition, the Democratic Party made a comment that seems to keep pace with the leader over the weekend. Cho Seung-hyun, vice president of the Korean Democratic Party, said on December 27: "The separation of the three books is also a system of defense of democracy." Legal stability, which is the ideology of law, is important, but justice is a priority. "The Democrats explained the controversy in the form of a" statement of facts "and said:" The special court is not unconstitutional because it is composed of judges. The court said: "to prevent my family from packing and being judged on their own".

The opposition party, the first opposition party, strongly opposed. Joe criticized the fact that he's doing "politics" via Facebook. In his speech, Kim Sung-tae said: "If we intervene in the trial of the judiciary and destroy the constitution," he said. "If we meet President Moon Jae-in, we will express his regret for his behavior." On November 5, President Moon is expected to attend the first meeting of the ruling parties and the opposition, which will comment on his position.

Kim Jin-tae of the same party also said, "I do not know why the president of Cheong Wa Dae denies the parliament bill saying," This is pretty cheeky. "

There is also the voice of academics concerned about the involvement of chiefs in the debate in a special court. Choi Chang-ryeol, professor at Yongin University, said: "The head of the ministry manages the line of ejaculation." When the ongoing investigation is underway, the special jurisdiction may be misunderstood. " "He said. Kim Hyung-joon, a professor at Myongji University, said: "Cho says that" my opinion is good for society. It is inappropriate for Blue House staff. "

Professor Park Chan-Woon, for his part, emphasized: "Our court has failed to demonstrate its willingness to form a court that is not related to the judicial farms and the judicial mistrust of the population is spreading. "

The opposition rebels with the principle of dividing the three volumes. The Supreme Court representative, Jung Kwang-deok, insisted that "the power to establish the court is the exclusive authority of the court defined by the Constitution." In addition, criticized, "the case of Kim Myung- Soo, the presidential office of Cheong Wa Dae, the government and the ruling party can be influenced and a special tribunal can be created, "he said.Lawyer Joo-baol Lee, future legislator, has said on his Facebook board of directors that the Special Court was clearly unconstitutional because of the controversy surrounding the separation of the three books and the constitutional independence of the judiciary.

The controversy surrounding the creation of a special tribunal is a contradiction in the great speech of "Crisis of Justice (Cheong Wa Dae + Democratic Party) vs. Crisis of the Separation of the Three Volumes (Korean Party)". More than 50 lawmakers, including Democratic Party legislator Park Jae-min, launched a special bill in August to create a special court. Three legislators, three of whom were appointed by a special court candidate, made up of nine Korean legislators, three of judges and three of civil society, were appointed to the first and second trials. The Supreme Court takes the last three. Democrats are supposed to negotiate a bill based on it, which will inevitably lead to conflict with the opposition.

The good future for being a casting boat is divided into internal opinions. There is a tendency for the rebellion of conservative supporters such as Ji Sang-wook and Lee Jae-wook. Ji said: "This is the first time since the last anti-Japanese sentence.I did not know that such a brutal thing would happen to Korea in the 21st century." All four parties agreed to lobby for the creation of a special court on November 25 during the ordinary session of the National Assembly to clarify the suspicions of the judicial farmers while they were once Chief Justice of the Supreme Court.

In this respect, an badysis that the issue of the establishment of the Special Court ultimately depends on the composition of the judiciary also appears. Professor Chang Young-soo, a professor at the Faculty of Law of Korea University, said, "The key is who is responsible for the special court." If a politically biased person takes the case, the right to a fair trial will be violated.

The Exceptional Court in History … Antisemitism 1948, Revolutionary Tribunal of May 16

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In the past, the Special Court was created at a time of rapid change. In order to investigate and punish those who acted against Japan in Japanese colonial rule immediately after the liberation. The Special Investigation Commission on Anationalism created a special tribunal in the National Assembly in 1948 and opened its first trial in March 1949 and ended in August of the same year. Kim Byung-ro, president of the Supreme Court, presided over the trial.

The Anti-Semitism Commission has set up a special court based on Article 101 of the Constitution, according to which "special laws can be adopted to punish anti-ethnic malevolent behavior". The second special court was created with the special prosecutor's office on the basis of the special law punishing those involved in the March 15 election following irregularities under the Fourth Amendment Constitution since April 19. On May 16, the Revolutionary Tribunal of the National Council of Reconstruction was created in July 1981.

It was a mechanism to punish anti-state, anti-people and anti-revolutionary acts before and after the right.

Reporter Ha Ji-ho [email protected]

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Hyun Ilhun Han Young Ki reporter [email protected]


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