Supreme Court Delays Judgment Against Electoral Criminals

Delayed judgment of electoral criminals has caused criticism, however, even Supreme Court doesn`t abide by legislated period of judgment, either.

Article 270, of `(election law) prevention law against electoral compromise and public election` regulates that the first hearing must sentence a judgment within 6 months from indictment and the second and third hearing, within 3 months from previous sentenced day in order to have prompt treatment.

However, Supreme Court doesn`t confirm the date of judgment for 4 current Rep. despite passing of nearly 6 months of hearing of intermediate appeal.

▽ Situation of hearing of final appeal= In Supreme Court, judgment of Rep. Jung In-bong of GNP ( Seoul, Jongro), Rep. Jung Jae-moon (Pusan, Pusanjin-Kap), and Park Yong-ho (Incheon West-Kanghwa Eul) and Jang Jung-un (Jeju, Pukjeju-gun) of MDP with regard to violation of election law is being suspended.

In case of Rep. Jung In-bong and Rep. Park, judgment of hearing of intermediate appeal finished on December 11, and Rep. Jung Jae-moon and Jang were sentenced by a hearing of intermediate appeal on last November 7 and on Jaunuary 31, respectively.

All of them are sentenced to punishment of nullify of election (above 1 million won of penalty).

Former Rep. You Sung-geun and Kim Ho-il of GNP, and former Rep. Jang Sung-min of MDP lost membership by receiving confirmation judgment from Supreme Court in January~May.

Judgment of a hearing of final appeal was also sentenced after 5~7 months by a hearing of intermediate appeal.

In case of Rep. Jung Dae-chul of MDP who was sentenced two years in prison with a three year stay of execution due to Kyoungsun scandal, even it was not violation of election law, has not received final judgment for nearly four years since the judgment started.

▽ Explanation of Supreme Court = Supreme Court concerned explained, “it is in fact, hard to sentence judgment of a hearing of final appeal within three months after hearing of intermediate appeal following election law”.

He said,“ although hearing of final appeal is sentenced, it takes up to two months to proceed with necessary procedure such as sending record to Supreme Court and the accused, submitting reason for final appeal” and “ judgment of electoral criminal can`t help taking time for sufficient trial, as political life of concerned depends upon the sentence”.

▽ Prospect = following election law, special election for representative is scheduled on August, 8.

The judgment should be confirmed before 30 days from Election Day so that special election can be executed.

Therefore, in order to have special election on August, 8 in districts where suspended representatives trial is going on in Supreme Court, the Supreme Court should judge at least till July 9.

Supreme Court concerned said, “ sentence of punishment is indigenous right of each justice dept, therefore, nobody knows when and how it would be sentenced”.

However, people near Supreme Court prospect that there is high possibility for judgment before July 9 due to political situation and critical opinion on `slow judgment`.

Soo-Hyung Lee sooh@donga.com