Park Geun-hye, Choi Soon-sil Scandal

Contemplating the Resignation of All Legal Representatives after Failed Attempts to Delay Impeachment Trial

2017.02.22 17:58
Gwak Hui-yang, Sohn Je-min, Yun Seung-min

With the approach of the Constitutional Court's ruling on the impeachment of President Park Geun-hye and the end of the special prosecutor Park Young-soo's investigation, the president is busy figuring out complex calculations. President Park refused to respond to a face-to-face questioning by the special prosecutor. At the same time, she tried to delay the impeachment trial to receive a judgment from a seven-judge bench, but the Constitutional Court justices responded firmly to such attempts, so things are not going as the president had planned. The president is now reportedly considering appearing before the Constitutional Court on condition that they delay the final argument. Some even mention the resignation of all the president's legal representatives, but others believe that that would not be enough to overturn the situation.

Tourists Look Around Cheongwadae's Exhibition Center: On February 21, a tourist visiting the Cheong Wa Dae tourist exhibition center, Sarangchae in Jongno-gu, Seoul look at the objects related to President Park Geun-hye on display in the Presidential Hall. Kim Yeong-min

Tourists Look Around Cheongwadae's Exhibition Center: On February 21, a tourist visiting the Cheong Wa Dae tourist exhibition center, Sarangchae in Jongno-gu, Seoul look at the objects related to President Park Geun-hye on display in the Presidential Hall. Kim Yeong-min

According to Cheong Wa Dae on February 21, the special prosecutor's questioning of the president is facing challenges. Cheong Wa Dae repeatedly requested the independent counsel to resolve concerns of the president's security and also asked for a cordial reception of the incumbent president. One Cheong Wa Dae official said, "The special prosecutor is coming out strong unlike the last time when he had agreed to minute details concerning the questioning." He implied that the president could not agree to the questioning because the special counsel was not cooperating on details such as the prior release of the timing of the questioning. In a New Year's meeting with the Cheong Wa Dae press on January 1, President Park said, "I will respond faithfully (to the investigation) if the special prosecutor contacts me." Yet she persistently refuses to appear before the independent counsel, probably because she deems there's nothing to gain if she responds to the summons before the impeachment trial decision.

President Park is also considering appearing before the Constitutional Court for her final argument. The Constitutional Court judges have asked the president to inform them of her attendance by February 22. The Cheong Wa Dae official said, "The president is positively considering appearing in court. We need to wait and see if the final argument can be delayed in the hearing on February 22." Cheong Wa Dae has requested the date of the final arguments be postponed to March 2 or 3, but the bench claims that that is not possible. Therefore, the two sides may compromise and the president may appear in court around February 27 or 28.

If the president appears in court, she may have a chance to personally argue her case, but she will also have to be questioned by the bench and those seeking impeachment. She will have to receive questions for at least an hour and a half including an hour of questions from the lawmakers seeking impeachment and questions from the bench as well. She can exercise her right to remain silent, but that could be counterproductive politically.

If the president cannot appear in court, her legal representatives may try to shake the board by resigning altogether. Attorney Sohn Beom-gyu, one of the president's legal representatives said, "It has been discussed, but we have yet to reach a conclusion," on the possibility of the resignation. The reason why such an option is being discussed is because the trial would have to be suspended until the president can gather new legal representatives if the current lawyers all resign. A lawyer is mandatory according to Article 25 of the Constitutional Court Act, which stipulates that “In any proceeding, unless a natural person who is a party selects an attorney-at-law as an agent, he/she shall not request for adjudication or pursue adjudication.” If the president is the “natural person,” then the trial can be suspended.

However, the Annotations of the Constitutional Court Act published by the Constitutional Research Institute under the Constitutional Court states, "In the case of an impeachment trial, it is reasonable not to make a lawyer mandatory. The defendant (president) is not simply ‘a natural person,’ but is an executor of public affairs." In other words, even if the lawyers resign, the trial will not be suspended.

President Park has such complicated calculations in her head in order to have the Constitutional Court dismiss the impeachment and to avoid punishment by the independent counsel. If the impeachment is dismissed, it will be impossible for the special prosecutor or the Prosecutors' Office to charge her. On the other hand, if the impeachment is ratified, the president will have to prepare to be indicted and possibly arrested. However, even in this case, the president's supporters appear to be trying to establish an excuse to object to the court's decision and investigation results by claiming an "unfair impeachment trial" and a "political independent counsel."

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