Constitutional Court Asked President Roh to Appear on March 30

The Constitutional Court of Korea decided to hold the first open plea on March 30 at 2 p.m. regarding the impeachment case of President Roh Moo-hyun and announced that the Court has given a notice to the president.

“The general council decided today in its meeting to hold the first open plea on March 30, at 2 p.m.,” said Constitution Researcher Cheon Jong-ik, public relation officer in charge of the case.

Researcher Choen told the press, “According to Article Three of the Constitutional Court Law, we sent out the request of appearance for both the prosecutor of Kim Ki-choon, head of the Legislation and Judicial Committee in the National Assembly, and the prosecuted President Roh.”

“We will open the plea on March 30 and discuss the later procedures after that on whether or not to implement an intensive examination,” said Cheon in response to a question on whether or not an intensive examination will take place.

The defense counsel of President Roh has previously handed in a written opinion on March 17, saying, “The request of the president’s appearance is neither a compulsory article nor assumes that the party would be summoned promptly, and it is solely to protect the rights of the party in testimonial opportunities and others. A representative can replace the party for the appearance.” This gave rise to the doubt if the president will appear at the court himself.

“Even at a plea or in an examination, the president should be treated respectfully in accordance with his position and dignity as the chief of the state and the administrative head,” said the counsel, indicating that there is chance that President Roh himself would appear at the court.

If the requested party does not appear at the party on the designated day, the Constitutional Court can delay the date once or twice and request an appearance for a following date. However, if the party fails to appear at the second date, the law sets that the plea can proceed without the party’s appearance.

All nine judges including Head of the Court Yoon Young-choel have shared their opinions in the General Council meeting regarding national and international cases collected and also discussed the dates of the pleading and whether or not to hold an intensive examination.

It was also known that the General Council reviewed the fundamental points of dispute regarding the case. Meanwhile, the president’s defense counsel announced in a written opinion today saying, “The trial should be preceded promptly and in a focused manner to avoid any confusion in terms of its procedural ambiguity.” The counsel also requested the following: That the current law sets the motives of impeachment cannot be modified or affixed later without the decision by the national assembly; to prevent the prosecutor - head of Legislation and Judicial Committee – from applying for proof to purposely extend the suspension of the presidential rights in the procedure of proof examination.

Sang-Rok Lee myzodan@donga.com