Lee Jun-seok "Party Charter Amendment is Retroactive Legislation" vs. People Power Party "No Standing to Sue"

About One Hour of Dispute in Injunction Hearing
Scheduled to Continue on the 28th

[Image source=Yonhap News]

[Asia Economy Reporter Oh Gyumin] The hearing on the injunction request to suspend the effectiveness of the 'revised party constitution' filed by former People Power Party leader Lee Jun-seok ended after about an hour of intense debate.

The Civil Division 51 of the Seoul Southern District Court (Chief Presiding Judge Hwang Jeong-su) held a hearing from 11 a.m. for about an hour on the second and third injunction cases filed by former leader Lee (suspension of duties of eight emergency committee members including floor leader Kwon Seong-dong, suspension of the effectiveness of the party constitution amendment resolution by the National Committee) and the objection filed by former emergency committee member Joo Ho-young against the first injunction.

Former leader Lee attended the hearing in person, accompanied by legal representatives including lawyers Lee Byung-cheol and Kang Jae-gyu. On the People Power Party side, lawyers Hong Seong-cheol and Hwang Jeong-geun, along with emergency committee member Jeon Ju-hye, also appeared.

The key issue was the legitimacy of the party constitution amendment that newly defined the party's 'emergency situation.' After the court partially granted the injunction filed by former leader Lee against the People Power Party and then-emergency committee chairman Joo Ho-young on the 26th of last month, the People Power Party resolved the amendment to the party constitution through the National Committee. The revised party constitution specified the emergency situation as ▲ resignation of four or more Supreme Council members ▲ vacancy of the party leader position.

Former leader Lee's side argued that amending the party constitution to establish an emergency committee despite the absence of an emergency situation constituted 'retroactive legislation.' Lawyer Lee Byung-cheol stated, "In the past, four Supreme Council members including Bae Hyun-jin resigned, but this act was a completed act," adding, "(The amendment) is a genuine retroactive legislation on an already completed factual situation."

Additionally, former leader Lee's side cited the party constitutions of other parties (the Democratic Party, the Justice Party) as examples, arguing that the revised party constitution is invalid as it contradicts the Constitution and the Political Parties Act. They emphasized the importance of not undermining the consensus of party members when defining an emergency situation and transitioning to an emergency committee, stating, "In the People Power Party's revised party constitution, even if the party leader position is vacant or four Supreme Council members resign, it is possible to immediately transition to an emergency committee." They added, "This contradicts the legal principles stated in the first injunction decision and is unconstitutional, illegal, and invalid."

On the other hand, the People Power Party argued that former leader Lee lost his standing due to the establishment of the new emergency committee and therefore lacks the qualification to file the injunction. People Power Party legal representative lawyer Hong Seong-cheol rebutted, "Former leader Lee lost his party leader authority due to the establishment of the emergency committee, not because of the party constitution amendment," and "The party constitution amendment itself did not infringe upon former leader Lee's rights."

The court concluded the hearing procedure on the objection to the partial injunction decision of the first injunction filed by the People Power Party. The hearing on the third injunction will be held together with the hearing for the fourth injunction on the 28th. The second injunction case against former emergency committee members including former chairman Joo will be withdrawn by former leader Lee's side.

Meanwhile, the hearing for the injunction case filed by former leader Lee on the 8th to suspend the effectiveness of the National Committee's resolution to appoint emergency committee chairman Jeong Jin-seok and to suspend his duties was postponed to 11 a.m. on the 28th after the People Power Party requested a schedule change.

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