South Korea entangled in a sticky and politicized legal web – Asia Times
SEEOUL – With the death of dismissed President Yoon Suk Yeol weighing a pending Constitutional Court decision, there is a rise in rumors about potential new presidential primaries in South Korea.
South Koreans had cast ballots within 60 days to choose a new national leader if the judge upholds senate’s impeachment motion earlier this month and fully unseats Yoon in the weeks that come.
In that scenario, opposition Democratic Party leader Lee Jae-myung would be the apparent front-runner at 37 %, according to a Gallup Korea poll conducted between December 17-19 on “future political leader” preferences.
He’s trailed frequently by Han Dong-hoon, the lengthy displaced ruling People Power Party head, and Hong Joon-pyo, the colorful liberal mayor of Daegu, both of whom notched only 5 % on the same Gallup Korea surveys.
While South Korean politics are extremely uncertain, Yoon’s exceedingly good resignation would evidently pave the way to a new communist leader’s election.
New record items in that direction. Following Park Geun-hye’s abrupt demise, communist Moon Jae-in won a significant success in an earlier presidential election in May 2017.
But this time round, Yoon’s right-wing drop is no guarantee of Lee’s left-wing increase. Because criticism head Lee is grappling with legal issues that may pose considerable challenges for a possible presidential bid.
In November, Lee was convicted of violating election rules, a judgement that, if upheld by the Supreme Court before the next presidential election, did bar him from running.
Decisions in the second and third studies of cases of election violations must be rendered within three weeks of the past court statement, per the Public Official Election Act.
This means that the appeals court hearing Lee’s event must rule by November 15 after three months of the test judge’s ruling. The Supreme Court will have three more months to decide Lee’s ultimate fate if he chooses to charm that decision.
Although this timeframe has previously been casually observed, it is anticipated to be more strictly enforced in accordance with the Chief Supreme Court Justice’s order in September.
The Constitutional Court’s decision may cause a presidential vote to take place as early as April or May of next year if Yoon falls. As such, Lee is working to postpone his trial deliberations while maneuvering for Yoon’s court-ordered impeachment.
After two failed attempt, the appeals court eventually served Lee with a observe of receipt of the dispute information on December 18. He then has 20 days to file an appeal against his conviction for violating the election laws.
Lee moved houses, leaving his fresh tackle ambiguous, so the first shipment attempt failed. A second try was ineffective due to the patient’s presence.
Only after the judge dispatched an execution commander to hand-deliver the files to Lee’s Yeouido office, the latest effort was unsuccessful. Without the realize, the appeal process could not continue.
Lee is likewise facing a third-party corruption trial where the presidential hopeful is accused of asking North Korean underwear business Ssangbangwool Group to illegally cone US$ 8 million to North Korea in order to accomplish his planned trip to Pyongyang while serving as governor of Gyeonggi Province.
In connection with the situation, a former deputy government of Gyeonggi Province was given a nine-and-a-half year sentence. Lee was charged that same quarter, and he has since been refrained from doing so because he allegedly purposefully delayed court proceedings.
Lee’s legitimate group filed a motion to recuse courts from presiding in his case earlier this month. Lawyers have criticized the action, warning it may cause “unprecedented difficulties” to the test. An appeals court recently affirmed the ex-deputy president’s criminal conviction.
If Lee is found guilty of third-party corruption, it would severely tarnish his social standing and further tarnish his chances of winning the president, especially given that he is still tangled up in three additional criminal investigations.
While carefully prolonging his own lawful battles, Lee is bidding to quicken Yoon’s prosecution trial—and for good reason. Yoon’s resignation would open the door for him to take control of the ruling People Power Party because his communist enemy, Cho Kuk, is currently imprisoned and the People Power Party is completely disorganized.
Lee and his station are now desperate to fill three seats on the Constitutional Court that were formerly anxious. Now, the court is operating with a six-member board after three of the judges ‘ career expired in October.
With its current structure, it has decided to learn the president’s impeachment case, but Yoon will need to be removed by a majority vote. At least six of nine seats may be required for his resignation if the jury were entirely staffed.  ,  ,
Complicating matters for Lee is that Yoon’s appointee, Justice Cheong Hyungsik, is the presiding and commissioned justice to handle his impeachment case.
Two justices are considered liberal, three lean center-right and Cheong is firmly right-wing. If even one justice rejects parliament’s impeachment motion, Yoon, now suspended from his presidential duties, will be reinstated.
Thus, the three open seats that were put up for election by the parliament have become hot political bargaining chips. By sending two more liberal-leaning justices to the bench, the opposition hopes to boost the chances of Yoon’s removal from office.
The process, however, could take weeks and will require an acting president’s appointment.
To be fair, the opposition’s leader is also one who tactfully stifles his trial. Yoon and his legal team have also employed what critics perceive as a number of judicial “delay tactics” ( ).
Despite the president’s insistence on his innocence and public confidence in facing his legal battles head-on, he has reportedly refused to accept orders and documents from the Constitutional Court.
However, the court’s spokesperson announced on Monday that the trial would continue regardless, with the first hearing against the former public prosecutor general now scheduled for December 27.
South Korea has been jolted by a number of dramatic events in recent weeks, with likely more political shock and awe on the horizon, from Yoon’s short-lived martial law decree to his subsequent impeachment by parliament to Lee’s own colorful legal troubles.