Martial law office requests ”send a judge” during emergency martial law situation… Supreme Court Rejection

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‘Send a judge’ in emergency situation at Gyeimsa
Supreme Court rejects request
2024-12-05 10.08
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After reviewing the late-night meeting requesting judicial assistance, ‘the necessary personnel’
Failure to comply with dispatch request
There were no instructions to the front-line court, such as ‘postponing trials related to the Governing House Act’.
Maintain cautious response
YONHAPNEWS
supreme court
Yonhap News file photo]
(Seoul-Yonhap News) Reporter Hwan Woon-ki = Emergency business on the night of the 3rd
After the proclamation, the executive command required judges, etc. to be in the judiciary.
It was confirmed that a request was made to send one person: Yes.
The Supreme Court sees no need to comply with this request.
do not respond
According to the legal community on the 5th, the Supreme Court upheld the president’s emergency decision.
After the issuance of Proclamation No. 1 in the name of the commander-in-chief,
A dispatch request was made to send ‘necessary personnel’ for business purposes.
There is no reception:
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At the same time as the declaration of emergency in accordance with the Resignation Act, the resigning commander
Supervises all administrative and judicial affairs in the district. total
The enforcement decree stipulates that the necessary personnel will be dispatched for two days.
and the institution is
Unless there are special circumstances, you must respond here.
Decide to do it.
National Court Administration, an organization that oversees all judicial administration under the Supreme Court
Following the declaration of rice paddy emergency, an emergency meeting was convened in Sima on the same day.
Hatda: The administrative office discussed Gyeimsa’s demands at a meeting.
After deciding to memorize and not respond:
Immediately after President Un declared a new law, Dae-eop Chun, Director of the National Court Administration
and Deputy Director Bae Hyeong-won and other officials of the National Court Administration gathered for a meeting.
No fever:
At this event, a general review of the declaration of industry was conducted.
Note that:
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Among the substantive and procedural requirements of the Supreme Court or the ruling order
First of all, review the necessary parts, even if only to a limited extent.
Based on the information known up to that time, first of all, Gyeimsa Temple
It was reported that a consensus was reached not to respond to the request:
Chief Justice Cho Hee-dae also went to the government office after being briefed on the situation.
It was hard:
Internally, the Supreme Court is concerned about the effect of the declaration of business.
It is reported that a discussion has also taken place.
However, this matter will be decided by the Constitutional Court or the court in the future.
As this is a possible issue, the Supreme Court or the Administrative Office
No official position or opinion has been expressed:
In addition, internal review is also an internal process to respond to external demands.
Limited to the original discussion:
The issue surrounding the effect of this contract is currently pending trial in court.
Since this is a matter, mentioning this is the essence of judicial power.
Based on the perception that it may infringe or influence
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Meanwhile, the Supreme Court not only refused to respond to dispatch, but also issued a detention law to front-line courts.
There has been no guidance regarding whether to take action accordingly.
The scheduled trial was postponed without complying with the command’s request.
or a case whose jurisdiction is changed to a military court pursuant to the Resignation Act.
Necessary guidelines under the martial law system, such as identifying and transporting cases
It was not decided in the front-line court, and the Supreme Court later
Maintain a prudent response policy:
At that time, the resolution of the Cabinet meeting until the declaration of industry was
Details, including notification to the National Assembly, are released to the outside world through the media.
There are no unknown situations. Comprehensively all circumstances
Taking into account, if any one of the various requirements is legally
If it is not done, it is illegal. There is a possibility of invalidity, etc.
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Note that it is presented: