President Roh’s Counsel Disputes the Appointment of Persecutors

The National Assembly’s appointment of prosecutors in President Roh Moo-hyun’s impeachment case is a legislative error, Roh’s defense team said in an opinion filed with the Constitutional Court on March 27.

“It is the National Assembly, not the impeachment counsel, which appoints prosecutors. Their appointment requires the National Assembly’s approval,” said Moon Jae-in, who leads the Roh’s defense team. “The prosecutor who has been selected without the approval must not represent the National Assembly in the trial.”

President Roh’s legal counsel said on March 27 that they have notified the court of President’s Roh’s absence in the defense hearing.

“If the president has violated the constitution, he should be impeached for it. The level of enormity of his violations is the constitutional requirement for impeachment,” said the impeachment counsels of the National Assembly.

They maintained that negligence on the part of the president and the immorality and inability he exhibited in conducting government business all constitute a case for impeachment. The three reasons mentioned in the impeachment motion are all valid.

The impeachment counsel is considering filing a motion for questioning President Roh and collecting evidence in case of President Roh’s no-show at the defense hearings.

The Constitutional Court will schedule another hearing if President Roh does not appear at the hearing scheduled for March 30, 2:00 p.m.

In related development, National Assembly Speaker Park Kwan-yong has submitted his second opinion to the Constitutional Court in which he said he hasn’t deprived the Uri Party lawmakers of a right to vote because he and the session manager repeatedly asked them whether or not they would vote during the impeachment vote.

Sang-Rok Lee myzodan@donga.com