On November 29th, at the National Assembly in Yeouido, Seoul, Choi Jae-hae, the Chair of the Board of Audit and Inspection, was seen deep in thought during a full meeting of the Special Committee on Budget and Accounts. As the Democratic Party announced plans to report the first-ever impeachment motion against Choi to the National Assembly’s plenary session on December 2nd, many constitutional scholars expressed skepticism about the likelihood of the Constitutional Court accepting the impeachment request. They argue that the impeachment of the Chair for not properly investigating suspicions involving the presidential office and residence cannot be upheld legally. Additionally, many legal experts believe that Choi’s refusal to submit materials to the National Assembly is not a serious violation warranting dismissal.
The issue arises because once the impeachment motion is filed with the Constitutional Court, Choi’s duties will be suspended until a decision is reached. This could lead to a deadlock in the Board of Audit and Inspection, which consists of seven members, operating with only six. There is concern within the board that this could result in a “work paralysis” if members appointed under different administrations are equally divided in their opinions.
The Democrats claim that Choi’s impeachment is warranted due to the improper handling of investigations involving suspicions around the relocation of the presidential office and residence. However, constitutional scholars argue that past rulings show that impeachment grounds are limited to violations of the Constitution and laws, and not mere negligence in duty. Legal experts have concluded that the grounds for impeachment presented by the Democratic Party are unlikely to be accepted by the Constitutional Court.
Choi has been accused of violating the Act on Testimony and Appraisal at the National Assembly by refusing to submit transcripts related to the presidential office and residence relocation project to the National Assembly. However, some former legal advisors to the Constitutional Court suggest that even if there was a violation, it might not be substantial enough to warrant dismissal.
The internal operation of the Board of Audit and Inspection could be impacted if Choi is suspended, leading to potential deadlock over key issues like the investigation results of suspicions of data manipulation during the Moon Jae-in administration. Some legal experts suggest that Choi may file for an injunction with the Constitutional Court to lift the suspension of his duties, although there is no explicit provision for such an injunction in impeachment cases under the Constitutional Court Act. However, as the act allows the application of civil and criminal procedure laws as long as they don’t contradict the nature of constitutional litigation, it is conceivable that an injunction could still be considered.