[2020 National Audit] "Shooting of Civil Servant Occurred in North Korea... Must Be Premised When President Judges Duty"(Comprehensive)

"Views on the Unconstitutionality of Assembly Bans and Police Barricades Should Differ"

Park Jong-moon, Secretary General of the Constitutional Court, is responding to questions from lawmakers during the National Assembly Legislation and Judiciary Committee's audit of the Constitutional Court held on the 8th in Yeouido, Seoul.
[Photo by Yonhap News]

[Asia Economy Reporter Cho Sung-pil] Park Jong-moon, Secretary General of the Constitutional Court, stated regarding the shooting incident of the Ministry of Oceans and Fisheries official, "When determining the establishment of the President's duty to act (legal obligation), the fact that the incident occurred north of the Northern Limit Line (NLL) is an important premise."

On the 8th, at the National Assembly's Legislation and Judiciary Committee's Constitutional Court audit, Park responded to a question about the interpretation criteria of President Moon Jae-in's duty to act in relation to the shooting incident of the Ministry of Oceans and Fisheries official. However, Park added, "There may be differences in opinion on whether the duty to act exists," and asked for understanding that it is difficult to express personal opinions while the facts are not confirmed."

On the same day, Yoo Sang-beom, a member of the People Power Party, claimed that President Moon, like former President Park Geun-hye during the Sewol ferry disaster, violated the duty to protect the people. He cited the fact that President Moon did not personally preside over the related ministers' meeting for intelligence confirmation immediately after the incident in the early morning. Park's remarks are interpreted as indirectly suggesting that, unlike the Sewol ferry disaster, the shooting incident occurred in North Korean territorial waters beyond government control, leaving room for a different judgment than in the case of former President Park.

Earlier, Park had commented on the controversy over the unconstitutionality of the ban on the Gwanghwamun rally, saying, "The unconstitutionality of the rally ban and whether police barricades infringe on the essential parts (fundamental rights) of the rally are different." This is interpreted to mean that whether police barricades infringe on the freedom of assembly and demonstration should be considered separately from the unconstitutionality of the rally ban itself. Regarding the 2011 Seoul Plaza 'police barricade unconstitutionality' decision, he said, "The decision was made considering the spatial and temporal characteristics, such as whether the general public's right of passage was infringed, weighing the legal interests on both sides."

During the audit, the constitutionality of the pending High-ranking Officials' Crime Investigation Office (HOCI) establishment and operation law was also raised. Shin Dong-geun, a member of the Democratic Party of Korea, pointed out, "Although the HOCI law was proposed on July 15, it has been in an illegal state for three months," and asked, "When is a decision expected?" Song Ki-heon also said, "The HOCI law case seems suitable for prompt handling," and requested, "We hope the Constitutional Court pays close attention."

Meanwhile, the People Power Party had previously filed constitutional complaints and injunction applications to suspend the effect of the HOCI law in February and May, and plans to decide on recommending committee members once the Constitutional Court's judgment is made.

This content was produced with the assistance of AI translation services.