The Constitutional Court Also Discusses COVID-19 Response Measures... Death Penalty Constitutional Complaint Trial Likely to Be Delayed
Supreme Court Response Committee Holds First Meeting in Private
Recommends Adjournment... Major Trials Postponed One After Another
Strict Hygiene Management for Emergency Trials
Chief Justice Yoo Nam-seok of the Constitutional Court and the justices are waiting for the start of the constitutional review ruling on the unconstitutionality confirmation constitutional complaint regarding the "Announcement of the Korea-Japan Comfort Women Issue Agreement" held on the 27th at the Constitutional Court in Jongno-gu, Seoul. Photo by Kang Jin-hyung aymsdream@
View original image[Asia Economy Reporter Kim Hyung-min] Due to the unprecedented 'judicial suspension' measure, not only the trials of major ongoing cases are being postponed, but socially significant sentencing dates, such as the 'death penalty constitutional complaint case,' are also expected to be delayed.
On the 25th, the Constitutional Court will hold a Secretariat meeting to discuss measures to respond to COVID-19. This is a regular weekly meeting, not an emergency meeting held specifically in response to the COVID-19 situation. However, as the government recently escalated the response level to a serious stage, the Constitutional Court is also expected to discuss countermeasures at this meeting.
Accordingly, although the Constitutional Court was expected to soon decide on the unconstitutionality of the death penalty, the verdict is likely to be postponed. The Court is currently reviewing a constitutional complaint filed by the Death Penalty Abolition Subcommittee of the Justice and Peace Committee of the Catholic Bishops' Conference of Korea in February. A Constitutional Court official explained, "According to the response manual, hygiene management measures such as hand sanitizing for staff and visitors and the closure of the library have been implemented immediately."
On the same day, the Supreme Court also held the first meeting of the 'COVID-19 Response Committee' to discuss future countermeasures related to trial postponements and other issues. In the closed meeting, the committee received reports on the status and progress of courts nationwide in response to COVID-19 and exchanged opinions. The committee reportedly recommended courts nationwide to suspend trials and decided to leave the final decision to the discretion of presiding judges. It was also reported that additional measures will be taken after monitoring the future course of the COVID-19 situation.
The day before, the Supreme Court's Judicial Administration Office recommended courts nationwide to suspend trials. Cho Jae-yeon, head of the Judicial Administration Office, posted a notice on the court's internal network 'CourtNet,' requesting courts to operate trial dates equivalent to a recess period by postponing or rescheduling trial dates for all cases except those requiring urgent attention (such as detention-related cases, provisional injunctions, and stays of execution). This recommendation is unprecedented. Similar recommendations were not made during other infectious disease outbreaks such as Severe Acute Respiratory Syndrome (SARS) and Middle East Respiratory Syndrome (MERS).
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Additionally, the Judicial Administration Office requested presiding judges to actively consider allowing not only spectators but also trial parties and participants to wear masks even in situations where trials must be held inevitably. They also asked for the reduction or postponement of court events where multiple people gather, such as working group meetings.
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