Ex-UPP lawmakers will ask for retrial

By Lee Kyung-min

Former lawmakers of the now-defunct Unified Progressive Party (UPP) plan to ask the Constitutional Court for a retrial over its recent decision to disband the party, said former UPP floor leader Oh Byung-yoon on Sunday.

Their move comes after the Supreme Court’s ruling last week that cleared former UPP party member Lee Seok-ki of "conspiring" to foment an armed rebellion, citing a lack of evidence proving the existence of the Revolutionary Organization (RO), an insurgent group. It further cited absence of details such as dates of actions taken and clear agreements from Lee's supporters.

Earlier, however, the Constitutional Court, all but recognized the existence of the RO, cited the high probability of such a rebellion conducted by Lee Seok-ki and some lawmakers. “Most of the alleged conspiring was focused on overthrowing the government by violent means in the event of a war with the North,” the court said.

Oh said that the rulings issued by the Constitutional Court and the Supreme Court are contradictory.

“We are seeking legal counsel with regard to this matter. I think our case would stand a chance,” he said.

However, it is unclear whether the Constitutional Court will accept their case, since it does not recognize appeals.

So far, the former UPP lawmakers have relied on a 2004 academic report drawn up at the request of the Constitutional Court.

The report claimed that a retrial should be allowed in the event of a party disbandment, citing mistakes of a grave nature that could cause an irreversible decision that would jeopardize democracy.

It added that such retrial should be deliberated as the result of carefully weighing the benefits and the damage it would cause to society.

However, an expert said the prospects of a retrial are bleak.

Sogang Law School Professor Lim Ji-bong said the Constitutional Court’s disbandment decision was of a rash nature, and thus added that a retrial would be unlikely.