'Pat Collision' Jahan Party Side: "Bill Properly Submitted, So It Does Not Constitute Obstruction of Official Duties"

Prosecution Rebuttal: "Regardless of Receipt Validity, Obstruction of Official Duties"
Defense Requests Trial Postponement Citing National Assembly Audit

[Image source=Yonhap News]

[Asia Economy Reporter Yoo Byung-don] Officials from the Liberty Korea Party (now the People Power Party) who physically tried to block the submission of bills during the 'National Assembly Fast-Track Clash' argued that obstruction of official duties does not apply since the bill submission proceeded normally.

Former and current Liberty Korea Party officials, including Assemblyman Kwak Sang-do, stated at the trial of the Fast-Track Clash case held on the 30th at the Seoul Southern District Court Criminal Division 11 (Presiding Judge Sung Bo-gi), "It should be examined whether the submission of bills by the Democratic Party side via the legislative affairs office and fax was indeed valid."

The defendants explained, "At that time, the bill submission was conducted electronically, not by fax or in person," adding, "Regardless of the defendants blocking entry to the legislative affairs office or taking documents sent by fax, the work was carried out normally."

However, the prosecution countered by pointing out that obstruction of official duties is an 'abstract danger crime,' stating, "The defendants' act of occupying the legislative affairs office and seizing faxed documents constitutes obstruction of official duties regardless of whether the fax submission was valid."

An 'abstract danger crime' is a concept contrasted with a 'concrete danger crime,' referring to a crime whose elements are fulfilled by causing a general risk even if a specific, realistic danger does not actually occur.

Assemblyman Kwak and others are accused of special obstruction of official duties for occupying the legislative affairs office on the 7th floor of the National Assembly Main Building during the April 2019 'Fast-Track Clash' incident to block the designation of the four opposition parties' election reform bills as fast-track agenda items, interfering with staff duties, and engaging in physical altercations.

Some defendants are also charged with concealment of official documents for intercepting and damaging bill documents sent by fax to the legislative affairs office, as stated in the indictment.

Initially, the trial was scheduled to include the examination of a Democratic Party official who engaged in physical altercations with the defendants in front of the legislative affairs office, but the examination was postponed after the defense argued that some of the charges were unclear.

Meanwhile, the officials requested a postponement of the trial date. The defense attorney said, "The National Assembly inspection sessions will be held in September and October," and added, "Considering the smaller number of opposition party lawmakers compared to the ruling party, we ask for consideration so they can fulfill their official duties."

Former Assemblywoman Na Kyung-won, who attended the trial, also said, "Although I am not a current lawmaker, the regular National Assembly session, which is the most important legislative activity, is scheduled until December," and added, "While I understand the court's position that the trial should proceed as quickly as possible, I earnestly request that a realistic trial schedule be set so that incumbent lawmakers can carry out their legislative activities."

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