[Impeachment quote] specialized court sentenced President Park wavefront base

[South Korea's Choice Financial News Reporter] The Constitutional Court has decided to match the wavefront eight people judge the power from 10 days for the impeachment President Park Geun-hye. Presidential impeachment is quoted in 2004 at the time of the incumbent president impeached President Roh Moo-hyun after the second, but was the first ever dedicated.

Here is the gist of the Constitutional Court sentenced a professional.

Let me start sentenced to one heonna 2016 President Park Geun-hye impeachment case. Prior to sentencing Let me tell you about the progress of the case. Our judges have been fair and with all your strength to quickly solve the case over the past 90 days in the US Deulkkeseo Republic of Korea so far, the people they should be sent a lot of time in agony and anguish.

Our judges this event last year received 12. 9. Since the Court has to proceed with the judge every day for 60 hectares yeoil except holidays today. There are no discussions that are going through the power of the judges and all decisions made during the course of a trial proceeding.

We seojeung up to the claimant side proof armor 174 hojeung open the defense date throughout the preparation date and the 17th time in its three occasions between the twelve witnesses, five cases of documents sent to the entrustment decision and one suggested the fact query decisions, the respondent side evidence article 60 seojeung and seventeen witnesses ranging from hojeung (if redundant anjongbeom 17), the evidence was a document sent through the six counts and 68 counts fact determines the entrustment decision was viewed listen to the defense attorney and the prosecution of both committees. Evidence that reaches across more than 48,000 data, also data, such as those of the other parties submitted a petition early in the amount of 40 boxes.

As you know, both the Republic of Korea nationals, the Constitution is the basis of existence of all state institutions, including the President, is a source of national power to create such a constitution. The court, while recognizing this point, trying to work on the feelings of the party sentenced to stand before the court of history.

We hope that the court today sentenced two more national schism and confusion ended made under the authority given by the people. In addition, the rule of law is in any case I think everyone should go shake our values ​​should be kept together.

Let me start the sentence.

First, with respect to the approved procedure in this case is whether the impeachment sochuan Let's defects.

In fact, according to the prosecution prosecution against uigyeolseo let the point specifically was not otherwise specified.

Impeachment is a constitutional reason for prosecution, civil servants and the fact that violation of the Constitution or law enforcement official in the law here is not limited to criminal law. And geotyiji impeachment decision is not asking for criminal liability to fracture a person from office. Therefore, respondent is entitled to bangeogwon and you described the facts enough to confirm the judgment destination.

Although this case is not without its side prosecution clearly divided into two parts of the act violated the Constitution by type uigyeolseo, Taken together with the legal act contrary part may be a specific reason for the prosecution.

Next, let's point that the case against the impeachment sochuan presented as evidence newspaper articles and gongsojang only at the time of the survey, without the National Assembly Judiciary to vote.

Autonomy of the physician procedure of the National Assembly must be respected the principle of separation of powers. Even if gukhoebeop of the city footed the impeachment prosecution investigation because the reasons specified in the discretion of the National Assembly can not see that this decision would violate the Constitution or the law.

Let's prosecute this case, the following resolution with respect to the point that proceeds without any discussion.

Looking at the situation at the time of voting, the vote is made without discussion the fact that there is no regulation or law must go through the parliamentary debate, you can be notified in advance to support or oppose the will of the parliament speaker and discussion.

But lawmakers hoped the discussion at the time was not one person, it was also true that to prevent the speaker hoped the discussion.

Impeachment is not a reason to vote against the entire batch multiple reasons though the impeachment procedure for individual reasons, let's go through the decision with respect to the point that law.

Whether the prosecution reason to vote if you have multiple reasons for each, and this is the intention of lawmakers to free sochuan Whether the initiative to vote in one sochuan several reasons, not expressly provided for in any way the vote.

8 people were sentenced by a judge infringe the right to a fair trial from the court composed of nine Let's take a look at about the point.

The Constitutional Court consists of nine judges on the Constitutional. But in reality, if some of the judges for several reasons, including the spaces between are unable to participate in the trial judge to officially retire after a business trip or a disease or a successor appointed a judge of the judges are not bound to occur. The Constitution and the law, I'd put a provision against these cases.

When the decision of impeachment must have at least six Justices in favor, and stipulates that the judge hearing the case to more than 7 attendance.

Nine people of the claims have to wait until the judges can all be tried by attending state and in a situation that is controversial whether to appoint a president acting the Constitutional Court, as presently as claimed not to end up hearing, the result is that the neglect of constitutional rights crisis stopped due to the impeachment of President prosecutions intact.

As we can not continue to neglect the constitutional crisis over the constitution and the law on the Constitutional Court it does not have any problem to determine the eight judges to hear the case.

So there is no unlawful violation of the Constitution or the law on the procedure of the National Assembly passed the impeachment prosecution, nor any defect due to other requirements.

Let's take a look about the reasons for impeachment.

First, let's look at whether a violation of the Constitution or law enforcement official in the impeachment of the respondent by reason.

Let immyeongwon abuse by public officials about the nature of the job is that we infringe civil institutions.

The Ministry of Culture no director and Jean exaggerated as directed by the respondent being the munchaekseong personnel, no director was eventually retirement, the Minister who was Yoo Jin-Ryong was deposed, Jean Presidential Secretariat gimgichun the first six people first grade civil servants to instruct the Secretary submit a letter of resignation received from three of the resignation of the fact that the repair will be accepted.

However, even though overall the evidence presented in this case, the respondent is insufficient to admit hayeotdago personnel because the camp manager and no chief was in the way of self-interest pursuit of choeseowon and Yoo Jin-Ryong is deposed reasons gimgichun a letter of resignation from the six first-class civil servants also not clear why accept submissions.

Were infringed with respect to freedom of the press, let the point.

Claimants allege that the respondent has exercised pressure Ilbo president sacked the world. Leakage of presidential documents about the World Daily is a reported jeongyun times a document created by the presidential civil affairs chief secretary actual facts and the respondent, these reports will flag disorderly conduct is, and that the prosecution to thoroughly investigating disclose the truth by blaming documents leaked the fact is recognized.

However, even if all the evidence presented in this case general does not admit evidence hayeotdago specifically involved who do not clear whether the respondent put pressure on world Daily.

Next, let's call about the time that the duty to protect the right to life and integrity breach position on the case.

16. 4. 2014. Years arc sinking tragedy that occurred 304 people sacrifice. At the time respondent had remained in residence.

The Constitution State has confirmed the inviolability of fundamental human rights and personal with the provisions jindago an obligation to ensure this.

No. sinking time is running out hagieneun over the malrodo any given disaster victims in that embraced a shock and suffering for all people.

Respondent is obliged to be a national exercise your right to faithfully fulfill the duty to protect public life and physical safety, and perform position.

However, hayeotdago caused this disaster situations that threaten the life of the people, it is difficult to see that such duty occurs very specific and particular actions that respondent be directly involved in the rescue operation.

In addition, the respondent has the obligation to perform faithfully the office as constitutional president.

However, the concept of integrity is a difficult point to impeach the prosecution of serious violations of the then relative and abstract positions perform the duties and obligations of abstract reason.

Whether the Constitutional Court has already, sincere position to perform the duty of the president is normative in its implementation is not able to be penetrated in principle four can not be a legal judgment on the subject of the political incompetence or policy decisions wrong, such as job title, performed on the integrity itself They include that it can not be a reason for prosecution.

No. The time to buy is distressing but Miserable, whether the respondent performed the day time calls councilor positions should be faithfully will not be the subject of a judgment impeachment procedure.

From now on, let's look intervene in the conduct of state affairs and allowed abuse to choeseowon of the respondent.

Were documents that are reported to the respondent is delivered to most parts secretary jeonghoseong the respondent, jeonghoseong the various personnel data from one period 2013 to April 2016 period, the Cabinet of material, president overseas tour schedule and US Secretary of State greets materials officially secret I have forwarded the document that contains your choeseowon.

Choeseowon was also involved in official activities were also modify the contents give or comments regarding this report the document, adjusting the schedule of the respondent.

In addition, it is choeseowon were also recommended candidate for public office, some of which helped pursuit of two choeseowon.

Respondent is being asked for large delivery of auto parts from a company called Cady Corporation choeseowon was asked by the anjongbeom deals on Hyundai Motor Group.

The respondent is instructed to establish a cultural and athletic foundation related to anjongbeom, starring it received a 48.6 billion won from large companies appeared to accept Mir Foundation, was 28.8 billion won to establish a foundation Kay sport.

However, two of the foundation appoint and dismiss employees, business promotion, fund enforcement, including decisions regarding the business operations were directed choeseowon and the respondent, the company appeared on the foundation they did not participate at all.

Mir has choeseowon is operated by an advertising company, founded just before the play ground to be established. Choeseowon was taken over by the interests of his own officers recommended to secure the Mir and his company, signed a service contract with a play ground.

And, after the respondent was required to employ two people in person through Katie anjongbeom to serve ads related tasks at the request of choeseowon. Then play ground has been selected as the advertising agency Katie was awarded the advertising up to 68 billion won from Katie.

Also anjongbeom had passed the playground introduction to the Hyundai Motor Group to respondent indicated, Hyundai and Kia have ordered the advertising amounting to 9 billion won in new advertising company, a play ground.

On the other hand, choeseowon was operating before the establishment of The Blue Kay Kay established sports day.

Choeseowon has adopted a noseung work as an employee of K-Pak Hon-yong sport to enter into a business agreement with The Blue Kay.

Grand Korea Leisure respondent has to be through the POSCO established the anjongbeom and sports teams and to The Blue Kay entrusted the management of their players agent or sports team.

Choeseowon the second through the Ministry of Culture, Sports and Tourism Secretary Kim Jong receives the internal documents of the Ministry of Culture, Sports and Tourism overhaul local sports clubs, sports Kay Kay has created a way to take a more blue gain by engaging them.

Another respondent is required to have funded the construction of sports facilities in Hanam trying to do with regard to five bases athletic talent development business for poison Lotte Lotte Group chairman was K. transfer of 70 billion won in the sport.

Next, let the respondent that these acts are contrary to the Constitution and the law.

The Constitution stipulates the civil service as "servants of the entire people" and one thousand people and the realization of public interest obligations of officials, the duty is being materialized through the National Public Service Ethics, etc. and officials.

Acts of the respondent can not be called a fair job performance as president of the abuse of position and authority for the benefit of choeseowon, it is a violation of the Constitution, the National Public Service Law, Ethics, etc. officials.

In addition, the establishment act of the respondent who directly or indirectly with the help of the two intervention choeseongwon Mir Foundation and K is a sport, not only did infringe the property rights of enterprises, infringe the freedom of corporate management.

And it is that according to the instructions of the respondent or neglect a lot of documents for the official secrets leaked to choeseowon is a violation of the confidentiality obligations of the State Public Officials Act.

The law violations respondent've seen so far, let's about whether great enough to fracture the respondent.

The President shall also exercise authority in accordance with the Constitution and laws, as well as the performance of official duties by transparent disclosure will be evaluated by the people.

But whenever the respondent has denied it completely hid the fact that the national intervention choeseowon, and raised suspicions about him rather have condemned the allegations raised. This was no containment or monitoring device according to the press by the constitutional institutions such as the National Assembly may be functioning properly.

In addition, respondent has been involved in supporting the pursuit of self-interest choeseowon established sports such as Mir and K, play ground and more and blue Kay Corporation Cady support.

Constitutional and legal acts in violation of the respondent was made to continue throughout his tenure, despite the designation of the National Assembly and the media has been rather conceal the fact that the crackdown involved. As a result anjongbeom, Kim Jong, etc. jeonghoseong according to the instructions of the respondent have reached a great situation to be bound prosecuting corruption crimes.

The constitutionality of the respondent. The offense is one that undermined the spirit of democracy and the rule of law principles.

On the other hand, the respondent, but would cooperate with the investigation as much as possible in the general public discourse did not respond to jeongjak survey of prosecutors and special prosecutors, it has refused search and seizure for the presidential office.

In a series of words and actions of the respondent with respect to the case Prosecutor reason, the will to defend the constitution so that the violation of the law will not be repeated practices revealed.

Eventually constitutionality of respondent. Misconduct is serious law violations that should not be tolerated in view of the constitutional safeguard that betrayed the trust of the people act. Because negative impact on the respondent's conduct violated the law constitutional order and the ripple effect is great, the guardian of the Constitution to obtain benefits by the respondent wavefront will review overwhelming.

We hereby sentenced to order by consensus of the judges power.

President Park Geun-hye ordered the respondent to the wave front.

This decision, in relation to time No. tragedy respondent's did not violate the right to life protection obligations, constitutional was violated sincere position to perform obligations, and state officials Act in good faith obligation, not just those reasons alone is difficult to construct a wavefront reason judges gimyisu, the judge yijinseong There is a supplementary opinion.

That spirit is what does not recognize the right to life protected breach of the respondent difficult to construct a wavefront reason alone is the reason the same as the legal opinion, respondent violates the performing sincere office of constitutional president duties, and state officials Law good faith obligations. However, in the future presidents pointed out the serious office to perform duties in violation of the respondent groups gonna not have this wrong perception that even mubang by unfaithful to perform their duties at the national crisis be the unfortunate one to be left to our heritage loss of a number of national life and safety repeat that is the content.

In addition, the impeachment case has supplemented maintenance and Jin Bora opinion of Judge Chang Ho Ahn no choice but to wave the decision to liquidate the political abuses as a matter of principle to the problem of defending the constitutional order.

This concludes the sentence.

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