Home GRASP GRASP/Korea In Criminal Trial, Ex-South Korean President is Innocent Until Proven Guilty

In Criminal Trial, Ex-South Korean President is Innocent Until Proven Guilty

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Park Geun-hye’s defense strategy to stall and evade hurt her impeachment case but it could help her now
South Korea’s young democracy was tested with the recent impeachment of ex-President Park Geun-hye. Now the rule of law is on display as the disgraced leader stands trial on criminal charges related to the corruption scandal that forced her from power.
The National Assembly resolution to impeach Park in December was based largely on allegations that she colluded with her longtime friend Choi Soon-sil to extort Korean conglomerates to donate more than $69 million to two dubious foundations.
In upholding the impeachment vote in March, the Constitutional Court clarified that its ruling was based on the legitimacy of the legislative process to oust the chief executive, and not on the criminal guilt or innocence of the defendant.
Park is the first elected leader to be removed from office in South Korea since democracy was established in 1987.
Presumption of innocence
On Thursday, the former president returned to court in handcuffs for the second day of her trial.
Prosecutor Lee One-seok called this first criminal trial of the impeached president both historic and unfortunate during the first hearing Tuesday, and said it “demonstrates the firm establishment of the rule of law.” Park stands accused of 18 crimes related to the impeachment scandal including bribery, and has been held in prison for weeks while awaiting trial.
At her initial hearing Tuesday Park denied all the charges. Her lawyer, Yoo Yeong-ha, dismissed the state’s evidence against his client as “based on inference and imagination.”
During the impeachment process, Park’s defense strategy to stall, evade and refuse to cooperate undermined her case with the Constitutional Court that criticized these tactics as attempting to prevent the legislature from acting as “check and balance” on executive power.

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