Democratic Party of Korea lawmaker Yang Moon-seok said on the 12th that after receiving a sentence resulting in the loss of his seat from the Supreme Court on charges of loan fraud, he would file a petition for adjudication with the Constitutional Court. Earlier, during the legislative process for the petition for adjudication, there were concerns that "there is a possibility that a corrupt politician, even after a final guilty ruling by the Supreme Court, will try to maintain a National Assembly term by filing a petition for adjudication with the Constitutional Court."
Yang said on Facebook that day, "I respect the Supreme Court ruling as it is," but added, "If it is determined that there are parts of the Supreme Court ruling that overlooked the basic rights of my family, I will consult with my defense team and seek a ruling from the Constitutional Court."
The "Constitutional Court's ruling" Yang mentioned appears to refer to a petition for adjudication. A petition for adjudication allows a constitutional complaint to the Constitutional Court against a final Supreme Court ruling on the grounds of a violation of basic rights. The amendment to the Constitutional Court Act introducing the petition for adjudication passed the plenary session of the National Assembly on the 27th of last month, led by the Democratic Party, and took effect for the first time that day.
On that day, the Supreme Court's Third Division (Presiding Justice Lee Heung-gu) remanded the lower court ruling that had convicted Yang on charges including fraud under the Act on the Aggravated Punishment of Specific Economic Crimes and violations of the Public Official Election Act. However, the Supreme Court finalized the lower court's sentence in Yang's loan fraud case, which imposed a suspended sentence of three years on a one year and six months prison term—an office-forfeiture sentence for a lawmaker.
Under the National Assembly Act, an incumbent lawmaker loses the seat if a sentence of imprisonment or heavier is finalized in a criminal trial. A conviction for violating the Public Official Election Act that imposes imprisonment or a fine of 1 million won or more also nullifies the election.
It is not yet clear whether Yang would lose the seat if a petition for adjudication is filed. An official at the National Election Commission said regarding whether Yang's seat would be retained until the Constitutional Court's decision if Yang files a petition for adjudication, "We need to review it."
An official at the National Assembly Secretariat also said, "This appears to be the first case of a petition for adjudication, so (regarding Yang) the situation has not yet been sorted out," adding, "In principle, it is loss of seat, but in practical terms it seems likely that Yang will file a petition for adjudication and apply to the Constitutional Court for an injunction to suspend the effect (of the loss of seat)."
The People Power Party raised its voice in criticism over the possibility that Yang will file a petition for adjudication. Choi Bo-yoon, chief spokesperson of the People Power Party, said in a commentary that day, "The behavior shown by former lawmaker Yang immediately after the ruling was truly shocking," adding, "Invoking 'violation of basic rights,' Yang in effect declared 'defiance of the ruling' by saying the party would seek a ruling from the Constitutional Court through the already implemented petition-for-adjudication system."
The spokesperson added, "This incident reveals, plainly and unmistakably, how the petition-for-adjudication system has degenerated into a shield for whom," and said, "The notion that if even a Supreme Court ruling is unsatisfactory, one will take it to the Constitutional Court to overturn it plainly shows the 'destruction of judicial order' that the legal community has been warning about."