Court Ruling on BBK Investigation Bill Expected Next Week

All nine judges of the Constitutional Court met on Jan. 3-4 to examine the petition and injunction related to the BBK special investigation bill.

A decision from the high court is expected to come out early next week. One legal expert noted that since the 2004 impeachment case of President Roh Moo-hyun, no court conference has been held for two days in a row.

It has been reported that the court’s judges for the most part agree that major elements of the special investigation bill are unconstitutional. This has given rise to speculation on how the final decision will turn out.

▽ Major Elements Likely to Be Unconstitutional

Nine judges including Chief Judge Lee Kang-guk consulted to consider the constitutionality of major elements of the bill.

All judges reportedly agree that the particular requirement mandating references be subject to investigation, which runs counter to laws on warrants, is unconstitutional.

Moreover, the judges share the view that unlike other laws, this bill specifically targets Presidential-elect Lee Myung-bak making it more likely to be unconstitutional.

An official with the Constitutional Court said that the judges would make their final decision at the conference next week.

▽ Special Investigation Bill at Risk-

If the court finds the subject element of the investigation unconstitutional, the bill itself loses efficacy.

The subject element of the investigation is one of many other elements of the bill. But if the element is ruled to be unconstitutional, the bill turns into a law with no subject to investigate.

President Roh is expected to choose a special investigator out of candidates recommended by the Supreme Court Justice on Jan. 7 and the special investigation is scheduled to begin in the middle of this month. But this may get complicated with the court’s decision.

▽ Practical Reviews Seem to Be Over

Attorney Jang Seok-hwa petitioned the Constitutional Court for the first time about the special bill at the end of last month.

The Constitutional Court dismissed the case citing that Jang is not directly related to the special law. It has been reviewing the petition made by six people, including Lee Sang-eun, President-elect Lee’s older brother.

The court, however, has been aggressively reviewing the constitutionality of the bill since immediately after Jang’s petition.

“A majority of court researchers worked holidays to review the case and to file a report,” said an official with court. “Many of them stayed up several nights.”

The Constitutional Court is likely to come up with an early ruling as it has been reviewing the legal issues of the bill since the very start.

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