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Court rejects Roh Woong-rae's request for an unconstitutional trial on charges of bribery.

2024.10.29 PM 04:46
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Roh Woong-rae, a former lawmaker of the Democratic Party of Korea who was indicted on bribery charges, filed an application for an unconstitutional legal trial, saying the prosecutor's trial could be unconstitutional, but the court did not accept it.

The Seoul Central District Court rejected Roh's request for an unconstitutional legal trial on the 24th.

The court explained that the court's request for unconstitutionality is only whether the legal provisions themselves are unconstitutional, and that the interpretation of the provisions cannot be subject to unconstitutionality.

In addition, the applicant's purpose for Article 312 of the Criminal Procedure Act was judged to be inappropriate because it was merely a dispute over the interpretation of the provisions of the law.

Earlier in January, former lawmaker Roh applied for an unconstitutional legal trial against the provisions of the Criminal Procedure Act, which recognized the prosecution's discretion and the evidence ability of the reference statement prepared by the prosecution.

He took issue with the fact that the prosecution did not indict the spouse of businessman Park, who was handed over to trial for bribing Roh, as an accomplice, but only issued an affidavit as evidence.

The unconstitutional legal trial examines whether the law applied to a specific case is unconstitutional, and if the court deems it necessary, it can request a trial to the Constitutional Court, in which case the trial will be temporarily suspended until the Constitutional Court decides.


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