与党推進「内乱特別裁判部」に法院行政処長が再び懸念…「司法独立侵害」と指摘=韓国
South Korea's Chief Justice of the Court Administrative Affairs Bureau expresses renewed concern over ruling party's ”Special Trial Chamber for Civil War” initiative, pointing out that it ”violates judicial independence”
South Korea's Chief Justice of the Administrative Affairs Bureau, Chung Dae-yeop, has criticized the three amendments to the Special Prosecutor Act being pushed by the ruling Democratic Party of Korea, including the provision for live trial broadcasts and the special trial for civil unrest.
On the 4th, Director Chun stated at the National Assembly Legislation and Judiciary Committee, "In a situation where various constitutional issues have been raised about the Special Prosecutor's Act itself, the amendment bill is embroiled in a controversy over its unconstitutionality.
"I hope that the law will be revised to strengthen the quality of trials and prevent the intrusion of the law into the courts," said Director General Sen.
He also mentioned Article 109 of the Constitution, which states that "if necessary, the court may decide to make the matter confidential." He added, "After examining various constitutional textbooks, I found that any law that does not guarantee this is highly unconstitutional."
He also pointed out that live broadcasting of trials could hinder the progress of trials, as it would make it difficult to secure testimony from those who have the right to refuse to testify, victims of civil unrest, and those cooperating with investigations.
"It is natural to expect that those who refuse to testify due to official secrets or other reasons will exercise their right to refuse to testify if their identities are exposed through a live broadcast of the trial," he said. "The main reason for holding a closed trial is to protect the state.
"This is to allow those who have confidentiality obligations or official duties to testify," he explained. "Those who have been arrested under the state of emergency and those who have suffered physical or mental harm are also being considered.
"People could be considered victims, so if they raise issues (about the live broadcast of the trial), it could make it difficult for the trial to proceed normally," he said.
"Even in the case of witnesses, they may avoid testifying out of fear that their testimony will be broadcast to the entire nation," he added.
He reiterated his opinion, saying, "When an external authority other than the court is involved in the composition of the court, it can directly infringe on the independence of the judiciary," and "In the end, the public also has an influence on the trial."
"I think they will take it as something that is difficult to understand," he said. Finally, he added, "All judges are very concerned about this matter," and added, "I hope that the National Assembly will carefully consider this and reach a wise conclusion."
He strongly urged.
2025/09/05 06:37 KST
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