SEOUL - In South Korea the process for removing a democratically elected leader from office seems to be to impeach first and ask questions later.
In early December the National Assembly voted overwhelmingly to impeach President Park Geun-hye on charges of abuse of power, bribery, and infringement of press freedom in connection with an alleged multi-million dollar influence peddling scandal.
The impeachment motion also charges the president with negligence for the government’s purported inept response to the 2014 ferry disaster that killed over 300 people, many of them school age children.
However, the vote was held before a newly appointed independent counsel began its investigation into possible executive branch wrongdoings, and before a special legislative committee began holding televised hearings on the allegations of misconduct by the president. Both of these investigations are still underway.
“It is an upside down procedure. Approval of the impeachment motion itself has very important legal significance, but it is problematic that (the approval) was done politically, without clear facts, but with suspicions,” said Lee In-ho, a professor of law at Chung-Ang University in Seoul.
Now it is up to the nine judges on the Constitutional Court to uphold the impeachment vote or reinstate Park, who has been suspended from office, but continues to live in the presidential Blue House.
The judicial review process is being conducted as a trial where Park and her lawyers can mount her defense and prosecutors representing the National Assembly can make the case for her removal from office.
To uphold the impeachment ruling, Professor Lee says, the Constitutional Court will require clear evidence the president committed “a grave violation of constitutional law.”
Park is accused of colluding with her longtime friend, Choi Soon-sil, to force or bribe Korean conglomerates to donate over $65 million to two dubious foundations, and to turn a blind eye while Choi funneled some of the funds and lucrative side contracts to companies owned by herself and her friends.
After the impeachment vote the president said she would plead her case before the Constitutional Court but she has refused to appear when called at the first two hearings this week.
Professor Lee says the prosecution has been hampered by constitutional constraints that restrict the ability of the judicial and legislative branches to investigate the president or force her to testify in court.
“It is impossible to investigate the president in principle, but the prosecution can try to find, through its investigation procedure, how deep the president is involved. It is the important issue of the impeachment, but such evidences have not (yet) been presented,” said Lee.
Park recently met with reporters to deny the charges against her as “fabrication and falsehood.” She also claimed she has been “totally framed,” but said she could not elaborate as the matter is under investigation.
The suspended president maintains that her support for the foundations were in the national interest, and insists she never personally benefited during her 18 years of public service. Prior to the impeachment vote the president offered three public apologies for not being aware that some of her close associates may have been involved in some wrongdoings.
Rep. Kwon Seong-dong, who leads the National Assembly's judiciary committee, criticized Park for talking to the press while refusing to appear in court.
On Thursday Park was represented in court by Lee Joong-hwan, a former prosecutor, and Kwon Sung-dong, a leader of the ruling Saenuri Party legislators on the parliamentary impeachment proceedings committee.
The president cannot be charged with a crime while in office but could be indicted if the impeachment is upheld.
Justice Ministry prosecutors have named Park an accomplice of her friend Choi Soon-sil, who has been charged with abuse of authority, coercion and attempted fraud, and is currently in custody in a Seoul detention facility.
On Thursday Choi was brought to the Seoul Central District Court to face the first hearing of her criminal trial. Choi told the court she is "facing much unfairness."
Lee Kyung-jae, Choi's lawyer, denied the charges saying, "There is no truth in saying the accused (Choi) was involved in collecting funds for foundations from conglomerates."
One of Park’s aides faces similar charges and another has been indicted for leaking government secrets to Choi, who held no official position or security clearance. Both are still awaiting trial.