Gangwon Province Governor
Lee Kwang-jae |
By Park Si-soo
Gangwon Province Governor Lee Kwang-jae was allowed to retain his position, Thursday, after the Constitutional Court ruled in favor of the right-hand man of the former late President Roh Moo-hyun.
Lee has been suspended from duty since he took office on July 1 due to a conviction for bribery.
The court ruled that the current law barring convicted heads of local governments from working until a decision on their case by the Supreme Court was unconstitutional.
It urged the National Assembly to amend the law by Dec. 31 ― the law will become invalid then regardless of any amendment.
Lee was elected as governor of Gangwon Province in the June 2 local elections with support from the largest opposition Democratic Party. But he was unable to take up his post as the Local Autonomy Law bans those sentenced to imprisonment from taking up their positions.
Found guilty of taking bribes, he was sentenced to six months in prison suspended for one year by a local court. An appellate court upheld the ruling, and the case is now pending at the Supreme Court.
Shortly after the election, Lee filed a petition challenging the law with the country’s highest court, arguing that it violated the basic principle that “one is considered innocent until proven guilty.”
The court sided with his claim.
“The law apparently violates the basic legal principle that one should be considered innocent until proven guilty,” said Lee Kang-kook, president of the court. “The law in question was enacted to minimize managerial risks at provincial governments. But the suspension should have been imposed only when its governor faced charges closely related to his duty.”
Despite the verdict, experts said whether he will hold onto governorship remains uncertain.
A final ruling by the Supreme Court is expected on Lee’s case in a couple of months. Many observers believe the top court will uphold the appellate court’s guilty verdict.
Under the Election Law, those who are convicted of receiving illegal political funds and slapped with a fine of 1 million won or more forfeit their elected position.
“I will do my best to make Gangwon a better place to live and do business,” Lee said after the ruling. “I will cooperate with the central government to build the less developed province as an export base to Russia.”
Lee was indicted for accepting 10 million won from a relative of Chung Sang-moon, a former presidential secretary at Cheong Wa Dae and $120,000 and 20 million won from Park Yeon-cha, CEO of shoe-making company Taekwang, who was at the center of a bribery scandal involving the late former President Roh.
He is also accused of accepting $20,000 from former Nonghyup chief Chung Dae-kun. He has denied the charges.
이광재 강원도 지사 직무 개시...'헌법불합치' 결정
이광재 강원도지사가 취임한 지 두달 만에 직무정지의 사슬에서 풀려나게 됐다. 금고 이상의 형을 선고 받은 지방자치단체장의 직무를 확정 판결 전에 정지시키는 지방자치법이 헌법에 어긋난다는 헌법재판소의 결정에 따른 것이다.
헌법재판소는 2일 해당 법조항이 헌법상 무죄추정의 원칙에 위반되고 공무담임권과 평등권을 침해한다며 이 지사가 낸 헌법소원심판 사건에서 재판관 5(위헌)대 1(헌법불합치)대 3(합헌) 의견으로 헌법불합치 결정을 내리면서 법률의 적용을 즉시 중지시켰다.
헌재는 결정문에서 "이 조항은 형이 확정될 때까지 정하지 않은 기간동안 자치단체장으로서의 직무를 정지시키는 불이익을 가하고 필요최소한에 그치게 엄격한 요건을 설정하지 않아 무죄추정의 원칙에 위배되고, 공무담임권과 평등권도 침해한다"고 밝혔다.
헌재는 이어 "공직기강 확립과 자치행정상의 위험 예방이라는 입법목적에 비춰봐도, 해당 범죄와 직무의 관련성이나 주민의 신뢰 훼손 정도 등을 가려서 직무를 정지해야 할 이유가 명백한 범죄를 저질렀을 경우로 한정해 직무정지를 해야 한다"고 밝혔다.
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