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[Editorial] Minister Kang’s Remarks Went Awry

Posted March. 16, 2004 23:01,   


Minister Kang’s remarks on the impeachment’s political ambience clearly went awry. They are politically and legally wrong. As a matter of fact, I understand that due to this impeachment of President Roh being unprecedented, the Ministry of Justice takes full charge of interpreting the relevant law to cope with. But, it is not an appropriate time for Kang to speak up for this.

Kang remarked that “the president elected by the hand of the public has been impeached by the National Assembly without the permission of the public.” It is an unsuitable utterance. Though the National Assembly is criticized due to its misappropriation of the illegal presidential election fund, it is the representative agency of the public. Though it has failed to reflect the opinions of the majority of the people, the Minister of Justice should not have championed a certain figure’s interests against the legally achieved activities of the National Assembly.

Minister Kang has asserted that the new National Assembly, after the general election in April, should consider whether or not to withdraw the impeachment decision. Her logic seems to be based on criminal case law, but it is wrong. Setting aside her analogical inference, her deed runs counter to the principle that states “the withdrawal of the litigation can be possible under the range of rational discretion.” Let’s say it is not possible to cancel the legally filed case as one pleases, which does not have any defects and errors, even though the chief of prosecution has been changed.

Kang has remarked that many experts regard that acting President Goh Kun should take charge of the general administrative work. It is right that Goh’s role is “administrative.” But, as there are not any relevant legal regulations as to this, the critical personnel changes occurring during his rule cannot be nullified. She does not need to be regarded as stirring conflicts with the acting President Goh Kun.

Minister Kang should be prudent in making remarks. The political situation right now is like stepping on thin ice. The Minister of Justice should not put any burden on the interim administrative system in this kind of political situation.