Court`s Delaying Threatens to Silence Constituency

Due to violations in election law and other corruption charges, a handful of congressmen were indicted. Nonetheless, their trials have been put on hold. Thus, if a conviction comes sometime after April, the district from which the convicted congressman comes will not be represented in the National Assembly until after the general election scheduled for next April.

The Supreme Court of Korea confirmed that it did not set court dates, as of yesterday, for Millennium Democrat Kim Young-bae and Grand National Party`s Kim Yoon-sik, the two representatives convicted as charged for violation of the election law. Since the appellate court upheld their convictions and the penalties imposed on them, both of which were in excess of one million won, would lose their job as congressman if the high court sides with the lower courts.

On the other hand, another Millennium Democrat Chung Dae-chul and United Liberal Democrat Won Chul-hee were found guilty and sentenced to a prison term. They filed for certiorari with granting by the Supreme Court. Their court dates, however, are not likely to be set until sometime this week.

It is almost certain that their cases would not be judicially disposed of by the high court in time for the upcoming by- and re-elections scheduled for April 24, and their constituency would not be able to have new representatives in the elections.

The Supreme Court, however, set the court date at April 28 only for Shim Jae-chul, who was convicted of two separate counts upon indictment. It will be the only case that is to be determined before the scheduled elections.

Districts subject to by- and re-elections are determined based on the rulings rendered by the high court before or on March 31, unless an exceptional cause justifies otherwise.

The law provides, in relevant part, that "the by-election shall be conducted in April and/or in October," unless the term left until the last day in office constitutes less than one year.

One National Election Commission official predicted, "Just prior to the previous general election, the by- and re-elections were not held. People criticized it as a waste of taxpayers` money. If that could be any illumination, the re-election would not take place this October."

Under these circumstances, if the Supreme Court upholds the convictions of the four representatives mentioned above, who are likely to lose their positions, their constituency would not have anyone to represent them in the National Assembly for longer than one year.

Other than these four, another 11 representatives are being tried.

Under current laws, if a person is indicted for violation of the election laws, the trial shall not last in excess of six months. Likewise, appeals to appellate and Supreme Court are not allowed to continue for more than six months in total.

But the court itself has been dragging on and on the cases of Kim Young-bae, a powerful political figure, and Kim Yoon-sik for more than 29 months since October of 2000. Prior to the 16th general elections, the Supreme Court promised to "wrap up all the legal procedures within one year from filing for a person charged and indicted for violations of the election law." It also proclaimed that, if a person were convicted of such, the court would nullify the election.

Four to five years have passed since the commencement of the cases involving Park Kwon-young, Chung Dae-chul and Won Chul-hee on their corruptive actions.

Legal scholars are accusing the court of coddling up political big shots. Due to the court`s "slap on the wrist" type of punishment, they argue, corrupt politicians are walking the street with all the privileges of congressman.

One prosecutor criticizes, "Since the court is delaying the trial, the corrupt politicians are receiving paychecks from the government and enjoying all privileges and immunities. The more it is delayed, the more future candidates will do whatever they can to get elected. The court is egging them on to commit more crime."

One Supreme Court staff member dumped the responsibility on someone else and was quoted as saying: "Prosecutors did not indict them fully enough or, the politicians will not come to court. That is the reason."

Wi-Yong Jung viyonz@donga.com