Supreme Court to Deliver Final Verdict Today on Lawsuit for Restoration of Former Tongjindang Lawmaker Status

Oh Byung-yoon, Kim Jae-yeon, Kim Mi-hee, former Unified Progressive Party lawmakers, and party members held a press conference on the morning of the 23rd of last month in front of the Seoul Central District Court in Seocho-gu. They addressed the upcoming first trial sentencing hearing for Lee Min-geol, former Director of Planning and Coordination at the Court Administration Office, and Lee Gyu-jin, former standing member of the Supreme Court Sentencing Commission, who are implicated in the so-called 'judicial farming' scandal involving abuse of authority and obstruction of rights related to the status confirmation lawsuit of former Unified Progressive Party lawmakers. [Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] The Supreme Court will deliver its final ruling on the 29th regarding the lawsuit filed by former Unified Progressive Party (Tongjin Party) lawmakers seeking to restore their parliamentary seats lost due to the Constitutional Court's decision to dissolve the party. This comes five years after the appellate court ruling in April 2016.

The Supreme Court's 3rd Division (Presiding Justice Taeak Noh) will hold the final appeal hearing for the lawsuit filed by former Tongjin Party lawmakers Kim Mi-hee, Kim Jae-yeon, Oh Byung-yoon, Lee Sang-gyu, and Lee Seok-ki against the state to confirm their status as members of the National Assembly and announce its verdict. Earlier, in December 2014, the Constitutional Court decided to dissolve the Tongjin Party and, without legal grounds, also ruled that the party’s lawmakers lose their parliamentary seats, prompting the former lawmakers to file a lawsuit in January of the following year.

The first trial court dismissed the lawsuit, stating, "The Constitutional Court, which holds the final authority on constitutional interpretation and application, made the decision, so the court cannot contest or re-examine it." The appellate court ruled that while the court could determine the loss of parliamentary status, the effect of the unconstitutional party dissolution decision naturally results in the loss of the parliamentary seats, thus ruling against the plaintiffs.

This ruling is also related to the 'abuse of judicial administrative power' case, in which the first guilty verdict was delivered last month. At that time, the court noted that Lee Min-geol, former Planning and Coordination Officer of the Court Administration Office, personally met with the appellate court judge in March 2016 and handed over a document stating that the first trial’s dismissal decision was incorrect. Based on this, the Yang Seung-tae judiciary was seen as abusing its authority to strengthen the judiciary’s status in relation to the Constitutional Court. Therefore, there is keen interest in what judgment the Supreme Court will make regarding the lower court’s decision.

The final appeal hearing for the status confirmation lawsuit of former Jeonbuk Provincial Assembly member Lee Hyun-sook of the former Tongjin Party will also be held on the same day by the Supreme Court's 3rd Division (Presiding Justice Yoo-sook Min). The Central Election Commission, based on the Constitutional Court’s party dissolution decision, notified the proportional representation local assembly members of the former Tongjin Party of their removal from office, but Lee Hyun-sook filed a lawsuit in opposition.

Both the first and second trials ruled in favor of Lee. The court judged that under relevant laws, proportional representation local assembly members who involuntarily leave or change party affiliation should have their positions guaranteed. As a result of the court ruling, Lee Hyun-sook took her seat in the provincial assembly as an independent member at that time.

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