Constitutional Court captured by leftists

Feb 18, 2025, 08:18 am

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Ruling People Power Party lawmakers, including Kim Ki-hyun, Na Kyung-won, and Yoon Sang-hyun, held a press conference before meeting with the Secretary-General of the Constitutional Court to urge for the minimum protection of President Yoon Suk-yeol's defense rights and to condemn unfairness at the Constitutional Court in Seoul on February 17, 2025. / Photographed by Park Sung-il

AsiaToday reporter Han Dae-eui

There is controversy over whether the Constitutional Court judge conducting President Yoon Suk-yeol's impeachment trial is operating according to a pre-determined script by a Task Force (TF). The controversy arose from Acting Chief Justice Moon Hyung-bae's mention of a script during the 8th trial session of President Yoon's impeachment at the Constitutional Court last Friday. In the past, the Constitutional Court operated an impeachment TF during the impeachment trial of former President Park Geun-hye. However, the current TF at the center of the controversy is being criticized for being a left-leaning organization, raising concerns that it could severely compromise political neutrality.

According to political sources on Monday, there have been continuous concerns regarding the neutrality and potential left-leaning bias within the Constitutional Court. Speculations suggest that the TF's script may have influenced the rejection of live broadcasts of President Yoon's impeachment trial, the dismissal of evidence requests related to election fraud, and the scheduling of hearings for former Acting President Han Deok-soo.

Central to the controversy is the claim that associates of the "Our Law Research Society," an internal judiciary cartel, have taken control of the Constitutional Court. Allegations further suggest that Yoo Nam-seok, former Chief Justice of the Constitutional Court and a founding member of the society, appointed over 70 left-leaning researchers during his tenure.

The debate intensified following Acting Chief Justice Moon's remarks during the 8th trial session last Friday. Moon, addressing President Yoon's legal team while holding an A4 script, stated, "This is the script I'm following. I didn't write this. It all came from the TF, and none of the eight judges have objected to it, so I'm just following it. There's nothing extra from me."

Legal analyst Jung Hyuk-jin criticized this approach on Channel A's "Kim Jin's Direct Hit Show," saying, "I've never seen a judge conduct a trial based on a script. If someone was writing and directing a script behind the scenes while I was under the impression the judge was leading, who would trust such a trial?"

Moon's remarks have also raised concerns about a possible clandestine group within the court influencing President Yoon's impeachment trial. Back on December 14th, Acting Chief Justice Moon had announced the formation of a "Constitutional Researchers TF" following the submission of President Yoon's impeachment proposal by Jung Chung-rae, chairman of the National Assembly's Legislative and Judiciary Committee, promising a swift and fair trial.

Experts assert that if a TF exists within the Constitutional Court, it operates without legal authority. Nonetheless, Moon's adherence to a script necessitates a thorough investigation, they argue.

Within the ruling party, there are assessments pointing to Article 12 of the Constitutional Court Act, which guarantees the court's independence and prohibits external interference, suggesting the TF could be an unofficial group. A ruling party official stated, "It has come to light that this secret group, operating without legal grounds, is manipulating trials. The involvement of such unofficial organizations like the TF team undermines the Constitutional Court's independence and violates the fundamental principles of the Constitutional Court Act. The political sphere must hold them legally accountable."

In contrast, a Constitutional Court official countered, "The TF team does not have the capability to exert significant influence over the judges. Most researchers adhere strictly to political neutrality, even more rigorously than other institutions."

#Constitutional Court