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해외 한인동포, 엠네스티 국제본부에 헌법재판소 고발 청원서 접수

기사승인 2017.03.08  07:07:13

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- - 박 대통령 탄핵절차, “시민의 정치적 자유 국제조약” 위배 청원 -

[월드뉴스포털=LPN로컬파워뉴스] LY.LJ 마영애 특파원 = (해외)월드한인총연합회(공동대표 정재윤·최창건·황일록)를 비롯한 미국, 카나다, 아메리카, 중국, 등 9개 국가 116명은 지난 6일 대한민국 박근혜대통령 탄핵 절차의 “시민의 정치적 자유 국제조약” 위반으로 세상의 부당함에 맞서 싸우는 국제 앰네스티 국제본부에 ‘대한민국 헌법재판소’를 청원했다고 밝혔다.

<사진= 고발 대표자 연대 서명>

청원 내용에는

해외 한인동포, 엠네스티 국제본부에 헌법재판소 고발 청원서 접수

대한민국 박근혜대통령 탄핵절차의 “시민의 정치적 자유 국제조약”위배 청원

1. 청원내용

1) 청원일자: 2017. 3. 6

2) 청원자: 월드한인총연합회 공동대표 정재윤, 최창건, 황일록

3) 청원목적: 대한민국 박근혜대통령 탄핵절차의 “시민의 정치적자유국제조약”위반으로 인한 무효확인 청원

4) 박근혜대통령에 대한 신속심리의 위법성과 조약위반성

시민의 정치적 자유 국제협약(International Covenant on Civil and Political Rights)에 의하면 ,의하면 범죄피의자는 무죄로 추정되며(제14조②), 또한 방어를 위한 상당한 기간을 보장해야 한다고 규정하고 있다.(International Covenant on Civil and Political Rights, Article 14 ③ B). 박근혜대통령의 변론기일 연장신청에도 불구하고 이를 허용하지 아니하고, 부당한 이유로 조기에 심리를 종결하고, 신속한 재판을 하는 것은 국제조약에 위반하므로 무효이다.

International Covenant on Civil and Political Rights

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; informed promptly and in detail in a language which he understands of the nature and cause of the charge against him

My name is Jan Jung, and I am currently living in the United States. Most Koreans living in foreign countries keep their patriotism towards Korea. As an American citizen, I have been living in the United States for over 35 years, but still have a passionate love for my mother country, Korea.

The Parliament of the Republic of Korea illegally decided on December 9th, 2016 to impeach President Geun-hye Park for intentional political reasons. Parliament's impeachment decision violates Article 110 of the National Assembly Act because the vote was not divided and handled between 13 impeachment reasons, but was performed all together at once in a single day without evidence nor hearing by President Park. There is the judicial precedent of the case that the Constitutional Court of the Republic of Korea has ruled that the Constitutional Court's 1999 impeachment decision constitutes an unlawful impeachment decision (Decision of Constitutional Court, 1999 Heunma 139).

Currently, all Koreans are suffering psychological torture due to the illegal impeachment of the President. This impeachment incident is not merely a criminal issue for President Park, but a revolution of North Korean communists group in South Korea. The reason is that the procedure for impeachment is illegal in the National Assembly (Article 110 of the National Assembly Act). The Constitutional Court must compose of 9 judges. However the current Constitutional Court is composed of 8 judges because 1 judge had retired. In the case of the Constitutional Court, the judgment of 8 judges to impeach President Park is unconstitutional (Decision of Constitutional Court, 2012 Heunma 2). Furthermore, President Park Geun-hye did not commit a crime to give reason for impeachment as described in the Constitution.

It is also important to note that a six-month trial period, which is guaranteed by Article 38 of the Constitutional Court, was not given to President Park Geun-hye, as pointed out in the annexed documents. There was no allowance for further discussion of this injustice despite President Park's disapproval. This violates President Park's right to a fair trial and is a serious human rights violation. The Constitutional Court of Korea has severely violated Article 14 3 (b) of the Covenant on Civil and Political Rights. As a result, 116 Korean Americans have filed a petition to further investigate the unlawful decisions made against President Park Geun -hye.

The Constitutional Court of Korea is scheduled to sentence the decision of impeachment on March 13, 2017 as that is also the date that Judge Lee Jung-mi, the head of the Constitutional Court, is set to retire.

We truly hope that Amnesty has received our petition so that additional evidence of the Constitutional Court's allegations against Park Geun-hye can be verified as soon as possible. If Amnesty has received our petition, please confirm that Korea's Constitutional Court has violated Article 14, ③(b) of the Covenant on Civil and Political Rights. We hope that Amnesty will be able to deliver the findings quickly and notify international news media stations such as CNN. We will cover all the costs necessary for a proper decision. Please do not hesitate to send me any questions, and I will try to reply as soon as possible.

Sincerely, Jan Jung Joint Representative, World Korean Alliance Petition Paper

1. Petition Topic

Demand of confirmation of invalidation of impeachment proceedings of President Park Geun-hye of Republic of Korea 

2. Petition Details   

1) Date of petition:  March 6, 2017   

2) Petitioner:  Joint Representative of World Korean Alliance of KoreaJan Jung (1122 4th street #240, Santa Monica, CA 90403)    Chang G. Choe (4132 Parry Dr., Sarasota, FL 34241)        Ilok Hwang (H128 KLM plaza condo, 179 Jalandhar Bukit bintang, Kuala Lumpur 55100 Malaysia)  

3)  Purpose:  To appeal the invalidation of impeachment process due to a violation of the "International Political Freedom of the Citizen" (Art. 14③b) and "Korean Constitutional Court Law(Art. 38)  

3. The Process of impeachment trial of Park Geun-hye  

1)  The President of the Republic of Korea, Park Geun-hye was impeached by Korea Parliament on October 12, 2016 and this case was immediately sent to the the Constitutional Court. Thee impeachment proceedings are on going until March 6.    

2)  President Park recently appointed a special prosecutor November 30, 2016 to investigate the evidence of the impeachment decision of the National Assembly.

3)  The Constitutional Court is scheduled from December 22, 2016 until February 17, 17.  It examined as a total of 20 deliberation procedures.  As the final defense of the impeachment trial is confirmed, there is a greater possibility that a decision on impeachment trial (impeachment citation) will be issued before March 13.

4.  Unlawfulness of rapid hearing and violation of treaty in case of impeachment of President Park Geun-hye.  

1)  Lee Jung-mi, the trial commissioner of the Constitutional Court, said on February 22, 2017 that the witness hearing process is finished and that the final defense of the impeachment proceedings will be held on February 24.  

2)  President Park insisted that the deadline for interrogation of the witness is too fast, and requested the postponement of the witness earing in March 2017, but the Constitutional Court did not accept it.

3)  The Constitutional Court intends to finalize the impeachment judgment before the Constitutional Court chief Lee Jung-mi will resign on March 13, 2013. However, if the impeachment trial is made on March 13, 2013, the judgment will be made only three months after the impeachment day of the Republic of Korea Parliament (Dec. 9, 2016) It is illegal and invalid because the legal right of President Park can be infringed.

4)  "The Constitutional Court shall declare a final decision within 180 days of the receipt of the judgment" (Article 38 of the Constitutional Court of Republic of Korea Act (Period of Judgment). So rapid trial process without agreement of president Park can break that law and infringe the right of petitioner to get proper and just jurisdiction.

5)  By International Covenant on Civil and Political Rights, crime suspects are presumed not guilty (Article 14 ②) and require a substantial period of protection. International Covenant on Civil and Political Rights, Article 14 ③ B). In spite of President Park's request for renewal of the expiration date, the constitutional court did not accept her demand and terminated the hearing process early. This speedy trial process is invalid, because it violates the international treaty without fair reason.

Petitioners

▶USA
1. Kang, PilWon (Washington D.C.)
2. Kim, MyungBae (Philadelphia)
3. Kim, SukJoo (New York )
4. Kim, SoHee (New York)
5. Kim, YongHa (Mariland)
6. Kim, EunBok (Florida)
7. Na, KiBong (San Francisco)
8. Nam, Theresa (Washington D.C.)
9. Nam, MoonKi (Los Angeles)
10. Ma, YoungAe (New York)
11. Song, MiMi (Los Angeles)
12. Park, KiChul (Atlanta)
13. Park, YoungSik (Washington)
14. Bae, JungSoon (Oklahoma)
15. Bae, ChangJoon (Huston)
16. Baek, SungOK (Maryland)
17. Son, KwangRak (Washington)
18. Son, InSuk (St. Louis)
19. Song, GumJoo (New Jersey)
20. Kim, Anna (Los Angeles)
21. An, YoungHo (Washington)
22. Woo, TaeChang (Virginia)
23. Yoo, JinChul (Atlanta)
24. Lee, InGab (Washington)
25. Lee, JunGoo (New York)
26. Lim, GaeSoon (Arkansas)
27. Lim, SungHwan (Virginia)
28. Jang, JungIl (New Jersey)
29. Jang, HyunJoo (Maryland)
30. Jung, DalSung (New York)
31. Jung, MyungHee (New York)
32. Jung, JaiYun (Los Angeles)
33. Chung, HyunSook (Maryland)
34. Cho, Kyunggoo (Florida)
35. Cho, InKi (New York)
36. Choi, KyungMi (Washington)
37. Choe, ChangGun (Florida)
38. Kim, Thomas (St. Francisco)
39. Hong, SungHo (St. Francisco)

▶Canada
40. Byun, YoungHo (Victoria)
41. Son, JiYeon (Toronto)
42. Hwang, KiSung (Toronto)
43. Hwang, YoungMan (Tronto)

▶S.America
44. Kang, YoungSin (Honduras)
45. Ko, SangKwon (Uruguay)
46. Ku, Wanseo (Paraguay)
47. Kim, KyungSik (Paraguay)
48. Kim, SeungKyu (Paraguay)
49. Kim, JinTae (Paraguay)
50. Kim, HunSik (Argentina)
51. An, WoonHa (Paraguay)
52. Yum, SangTae (Paraguay)
53. Lee, BaekSoo (Brazil)
54. Lee, YongSup (Argentina)
55. Lee, JaeYeol (Paraguay)
56. Chang, HongGun (Chile)
57. Chung, DongJin (Myanmar)
58. Cho, GeunTae (Argentina)
59. Cha, HoJin (Paraguay)
60. Chon, YoungJoo (Paraguay)
61. Han, MyungSung (Argentina)

▶China
62. An, TaeHo (ShangHai)
63. Lee, HoonBok (Beiching)
64. Lim, ChangWook Beiching)
65. Lim, HiChung (Yountai)
66. Son, MyungSik (Beiching)
67. Son, BongSu (Beiching)

▶Korea
68. Kim, MinJeong (Seoul)
69. Kim, MinJu (Seoul)
70. Kim, YoungSil (Seoul)
71. Seoul, Yong Hwan (Seoul)
72. Song, HyunSil (Seoul)
73. Park, Alex (Seoul)
74. Lee, SangMuk (Seoul)
75. Lee, HyoJeong (Seoul)
76. Lim, OhHyuksil (Seoul)
77. Jang, Chung (Seoul)
78. Choi, YoonJeong (Seoul)
79. Choi, EulJeong (Seoul)
80. Hwang, KiSeong (Seoul)
81. Heo, KiHo (Seoul)

▶Asia
82. Gong, JaYong (Indonesia)
83. Gwak, MyeongJae (Singapore)
84. Gu, BonSu (Vietnam)
85. Gwun, ByeongHa (Malaysia)
86. Kim, DongBae (Malaysia)
87. Kim, MyeongBo (Indonesia)
88. Kim, JangYeol (Thailand)
89. Moon, YeongDal (Thailand)
90. Park, DongHe (Indonesia)
91. Oh, SeongHun (Pakistan)
92. Yoon, SeonKyu (Malaysia)
93. Lee, ChungKeun (Vietnam)
94. Lee, TaeBok (Indonesia)
95. Jun, MinSik (Indonesia)
96. Jeong, WooSang (Laos)
97. Choi, amSuk (Singapore)
98. Choi, DongMuk (Indonesia)
99. Hwang, EuiHun (Vetnam)
100. Hwang, IlRok (Malaysia)

▶CIS
101. Jeon, SangJung (Kyrgyzstan)
102. Jeon, YoungShun (Kazakhstan)
103. Ji, HoCheon (Russia)

▶Erope
104. Gwan, YoungHwan (Poland)
105. Kim, Gloria (Czech)
106. Kim, KiSeok (Greece)
107. Nam, ChangKyu (Italy)
108. Park, SoHyang (Germany)
109. Lee, BongChul (Sweden)
110. Park, HwaChul (United Kingdom)
111. Seol, Sung (Spain)
112. Choi, WulA (Germany)

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