What's Happening at the Constitutional Court in South Korea
(1) Recusal Request for Judge Jeong Gye-seon
Yoon Seok-yeol's Legal Team:
"Judge Jeong Gye-seon's husband is a lawyer for the National Assembly's impeachment prosecution team. She can't be impartial, so we request her recusal."
Constitutional Court:
"Nope."
Yoon Seok-yeol's Legal Team:
"Why not? Is there a legal basis for this?"
Constitutional Court:
"Legal basis? There's none. Just know that seven judges agreed on this." (Recusal request dismissed in 4 minutes)
(2) Proceeding Without Attendance? (Article 52, Paragraph 2)
On the 14th (today), Yoon Seok-yeol didn't show up for the hearing. According to Article 52, Paragraph 2 of the Constitutional Court Act, from the next hearing onwards, the proceedings will continue even if Yoon Seok-yeol doesn't attend.
Constitutional Court Act, Article 52:
If a party does not attend the hearing, a new date must be set.
If the party does not attend the newly set date, the hearing can proceed without their attendance.
Yoon Seok-yeol's Legal Team:
"According to Article 52, Paragraph 1, a new date must be set. Why are you proceeding without setting a new date? This is illegal."
(3) Request for Criminal Records on Treason Charges (Article 32, Rule 39)
Constitutional Court Judge:
"According to Rule 39, Paragraph 2 of the Constitutional Court Rules, we request the submission of criminal records on treason charges."
Rule 39 (Request for Document Submission):
If it is difficult for a state or public institution to submit the original document, the Constitutional Court may request a certified copy.
Constitutional Court Act, Article 32:
The court may request the submission of records or materials necessary for the trial from other state or public institutions. However, records of ongoing criminal investigations or prosecutions cannot be requested.
Yoon Seok-yeol's Legal Team:
"According to Article 32, records of ongoing cases cannot be requested. This request is fundamentally flawed."