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Court Holds First Impeachment Hearing

2004-03-30 (화)
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Roh’s Testimony Is Central Issue Ahead of Second Hearing on Friday


By Na Jeong-ju
Staff Reporter

The Constitutional Court’s nine justices, including president Yun Young-chul, hold the first hearing on the impeachment of President Roh Moo-hyun at its court in central Seoul, Tuesday. The hearing was held in Roh’s absentia. / Korea Times
The Constitutional Court on Tuesday opened its first public hearing on the impeachment of President Roh Moo-hyun in the absence of the suspended head of state, who refused to follow the court’s request to testify citing concerns on the political dispute of his appearance.

The court said it will once again ask Roh to appear and give testimony for its next hearing set for 2 p.m. this Friday.


If Roh doesn’t appear then, the court’s nine justices will hear only from Roh’s defense counsel team and those representing the National Assembly, which impeached Roh on March 12, the court’s president Yun Young-chul said.

Despite the huge amount of attention heaped on the historic event, the hearing lasted only for 15 minutes. Justices said they want to hear directly from Roh on Friday, but circumstances show it is very unlikely.

Rep. Kim Ki-choon of the majority Grand National Party, chairman of the Assembly’s judiciary and legislation committee, said Roh’s testimony is essential for the court to make the right decision.

``President Roh has the obligation to appear in this court and tell the truth,’’ Kim said. ``His refusal to give testimony is like ignoring the authority of this court and the public. We once again request the court to have Roh stand here and give testimony.’’

Lawyer Ha Kyong-chul, one of Roh’s 12 attorneys, however said the court should respect Roh’s desire to speak through his attorneys during the hearing.

``As stipulated in the law, it is not an obligation for Roh to give testimony. It is rather a right to defend himself,’’ Ha told the justices. ``If Roh appears here, it is certain that the hearing will be turned into a turmoil of political disputes.’’

The hearing on Friday will be a burden for Rep. Kim and other lawmakers representing the Assembly, who have to prepare for their own campaigning for the April 15 elections. Rep. Kim said he will ask the court to delay the planned hearing, citing a lack of time. However, court officials said the justices want to make a ruling as quickly as possible in accordance with public opinion.


Some Assembly members were unhappy with the court’s decision to hold the next hearing on Friday. Sources said the lawmakers may attempt to boycott the Friday hearing if the court doesn’t change the schedule.

Citizens showed keen interest in the historic trial, which will decide whether Roh will serve as president for the next four years.

Scores of people lined up from early morning hours at the main gate of the court in Chae-dong, central Seoul, to get a ticket to attend the hearing.

The court has been reviewing various opinions about the impeachment from experts and related parties in reference to its ruling.

Roh is still the country’s incumbent president, but his presidential powers were suspended with the impeachment on March 12, only one year after he was sworn in.

The Justice Ministry and the Korean Bar Association last week called on the court to dismiss the impeachment, claiming the Assembly made serious procedural violations when it passed the impeachment motion.

They pointed out that the three reasons the opposition parties cited for Roh’s impeachment _ violations of the election laws, involvement in corruption scandals and incompetence as a national leader _ are independent issues but were treated as one in the voting procedure. The issues had to be put to vote separately, they said.

Also drawing attention is whether the violations Roh made were serious enough for him to be impeached. The National Election Commission said it seemed clear that Roh violated the election laws banning government employees from intervening in politics when he encouraged the public to rally around the pro-government Uri Party during the April 15 elections last month.

Roh aides have said Roh can express his political opinion publicly because he is also a politician.


jj@koreatimes.co.kr


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