'Hwang Unha in Dual Position Controversy, Will He Keep His Assembly Seat? Supreme Court to Announce Election Nullification Verdict Today'
[Asia Economy Reporter Baek Kyunghwan] The Supreme Court ruling that will determine the parliamentary seat of Hwang Unha, a member of the Democratic Party of Korea who was elected as a lawmaker while serving as a police officer, is expected soon.
According to the legal community on the 29th, the Supreme Court's First Division (Presiding Justice Kim Seonsu) will hold a verdict session at 10 a.m. on the same day for the lawsuit filed by former Future United Party (now People Power Party) lawmaker Lee Eun-kwon, who challenged Hwang's election validity.
In the April 15 general election last year, Hwang applied for resignation from the police agency to run for office, but his request was denied because he was undergoing a criminal trial. According to the presidential decree 'Regulations on Handling Public Officials' Misconduct Cases,' public officials under investigation or prosecution for misconduct cannot resign from their positions. Hwang has been on trial since January last year, charged with interfering in the 2018 Ulsan mayoral election.
However, Hwang ultimately ran in the general election while maintaining his status as a police officer and won, defeating former lawmaker Lee.
The issue lies in the fact that on May 29 last year, one day before the start of the 21st National Assembly's term, Hwang received a 'conditional resignation' from the police agency. This was intended to eliminate the possibility of violating the National Assembly Act's prohibition on holding concurrent positions by granting resignation for the time being, but with the condition that if the Supreme Court confirms a guilty verdict, Hwang's police status would be reinstated and disciplinary action taken.
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This election invalidation lawsuit will be handled solely by the Supreme Court. Election lawsuits filed with the Supreme Court include those challenging election invalidity due to allegations of electoral fraud and those challenging the validity of election results. This case is also the first ruling related to election and election invalidation lawsuits concerning the 21st National Assembly elections.
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