Constitutional Appeal Of Iraq Troop Dispatch Rejected

In an unanimous decision, the Constitutional Court dismissed a constitutional appeal regarding Korea’s decision to dispatch additional troops to Iraq on December 18.

The Democratic Labor Party, Lawyers for a Democratic Society and People’s Solidarity for Participatory Democracy filed a constitutional appeal in April claiming that Korea’s decision to send troops to Iraq was unconstitutional. They declared that, “dispatching troops to Iraq is against the constitution which promotes international peace and rejects involvements in any war of aggression, as well as being an act violating individuals’ basic rights.”

However, the court ruled that, “because the petitioners are not the direct person concerned with the dispatch, their constitutional rights could not be infringed.” The justices also added that, “though the applicants claimed that this decision has increased military tension in the Korean peninsula, it is no more than an assumption that has not yet been confirmed. This does not provide grounds to decide that the petitioners’ right to live in peace has been affected.”

Four constitutional judges including Kim Young-il also announced that, “Korea’s decision is a highly critical issue that requires firm political resolution, and should not be evaluated with judicial standards.” He also added that, “this ruling may seem to be an act of avoiding a judicial verdict, but the decision of the congress shall be ultimately judged by the people of Korea through the election.”

Jin-Kyun Kil leon@donga.com