Suspension of Execution for Appointment of Head of Public Corruption Investigation Office 'Dismissed'... Court Rules "Applicant Lacks Standing" (Comprehensive)
Attorney Lee Heon, a recommendation committee member for the opposition party's candidate for the Chief of the Corruption Investigation Office, is answering reporters' questions as he attends the hearing for the suspension of the execution of the resolution to recommend the Chief candidate at the Seoul Administrative Court on the 7th.
[Image source=Yonhap News]
[Asia Economy Reporter Seongpil Cho] The court dismissed the injunction case filed by the opposition party, which claimed there were issues in the nomination process for the Chief of the Corruption Investigation Office for High-ranking Officials (CIO), on the 7th.
The Administrative Court of Seoul, Administrative Division 1 (Presiding Judge Jonghwa Ahn), on the afternoon of the same day, dismissed the injunction application filed by opposition party CIO chief nominee recommendation committee members Attorney Heon Lee and Professor Seokhoon Han of Sungkyunkwan University School of Law against the CIO Chief Nomination Committee. A dismissal means that the lawsuit or claim is deemed improper or lacking necessary conditions, and the court concludes the procedure without examining the content.
The court stated, "The applicants are third parties unrelated to the candidates under review," and "It cannot be seen that any rights have been infringed by this decision, so they cannot be recognized as plaintiffs." It further explained, "This nomination decision does not constitute a 'disposition' subject to litigation," and "The nomination act is merely an internal decision-making process between state agencies, and it is difficult to see that it directly causes any change in the rights or obligations of the public."
Previously, Attorney Lee and Professor Han filed an administrative lawsuit and applied for an injunction in protest against the CIO Nomination Committee's resolution on the 28th of last month to select two candidates for CIO Chief: Senior Researcher Jinwook Kim of the Constitutional Court and Vice Chairman Geonri Lee of the Anti-Corruption and Civil Rights Commission. The opposition argued that the nomination vote proceeded excluding opposition party recommendation members who had left before the vote, which deprived the opposition's veto power and thus lacked procedural legitimacy. On the other hand, the ruling party recommendation members and the CIO Chief Nomination Committee maintained that the quorum was met, there was no procedural problem, and the nomination decision could not be subject to administrative litigation.
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The court confirmed the positions of both parties' representatives during a hearing lasting about an hour in the afternoon. The presiding judge concluded the hearing around 4 p.m. and issued the decision about five hours later. With this decision, the nomination committee's resolution recommending the candidates remains effective, and preparations for the confirmation hearing of Senior Researcher Jinwook Kim, the nominated candidate, are expected to continue.
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