“내 이럴 줄 알았다!” 강일원 헌재 주심재판관, 기피신청 당해

피청구인 대리인들은 즉각 탄핵재판 진행중지 가처분신청을 하라, 대법원에 –

헌법재판소 주심재판관인 강일원에 대한 주심재판관 기피신청이 접수됐다. 헌재가 대단히 불공정한 재판을 진행하고 있다는 사실은 이미 잘 알려져 있지만, 특히 강일원 재판관에 대해서 여러가지 얘기가 나왔었다.

헌재는 바로 각하

이런 일에는 빠르기도 하지, 헌재는 해당 주심재판관 기피신청을 바로 각하했다. 사실 이런 식 헌재에서의 재판관 기피신청을 같은 법정에서, 다시 말해서 헌재에서 각하한다는 것은 카미디에 해당한다. 어떻게 같은 법정에서 같은 이해관계가 걸린 문제에 결정을 하나? 이런 문제는 대법원이 결정해야할 문제로되, 헌법이 미개하다보니 방법은 없겠다.

이미 예고된 사건

강일원 재판관에 대한 주심재판관으로서의 부적절성은 본 ccLetter가 어제 이미 지적했던 내용이고, 어제 이미 ccLetter로서는 강일원재판관의 행위는 일반법정이라면 기피신청깜이라고 정확히 지적한 바 있다.

강일원 재판관의 벤치에서의 태도를 정확하게 지적한 ccLetter의 해당 댓글 캡쳐. 통상 일반법정이라면 법관기피신청깜이라는 사실을 명확하게 밝히고 있다.

이건 말이 안 된다. 강일원, 이정미같은, 이런 자들이 헌법을 재단하고 있다.

강일원 주심재판관은 기피신청깜이라는 댓글을 달았던 ccLetter의 댓글 화면 캡쳐

피청구인 측은 이 문제를 대법원으로 가지고 가라. 일단 헌법재판을 잠정중단토록 가처분 신청을 하라. 이대로는 안 된다.

문제의 강일원 불공정재판 광경이다.

 


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442 COMMENTS

  1. ccLetter.com은 오늘 강일원주심재판관에 대한 기피신청이 10분만에 각하된 ‘사건’을 놓고, 중앙일보에 보도된 기사 밑에 댓글로 의견을 다음과 같이 남겼습니다.

    ”
    강일원주심재판관에 대한 기피신청을 ’10분만에,’ 그것도 ‘재판지연 목적’이란 이유로 각하한 것은 공정치 못하다. 재판관 기피신청에 관한 법조문이 어떻게 돼있는 지 모르나, 헌법재판소라는 기관이 그 자체가 이해관계를 갖고 있는 ‘재판관 기피신청’을 자의적인 판단으로 간단하게 각하한 것은 법의 정신에 어긋난다. 대한민국 헌법이 미개하고 불비한 소치로 보지만, 이 문제는 ‘실정법이 그렇기 때문에,’로 치부하고 끝낼 성질이 아니다. 아울러, 대통령측 대리인만 강일원재판관에 대해서 ‘기피신청깜’으로 보고있지도 않다.우선 ‘ccletter 닷캄’만 하더라도, 기피신청이 있기 하루전, 강일원재판관의 벤치에서의 심리태도를 문제삼아서, ‘저런 재판관은 기피신청깜이라고 해당 유튜브를 시청하고 댓글에 남긴바 있다.(확인 가능) 강일원과 이정미 두 재판관은, 예단을 갖고 재판에 임하고 있다. 그 둘은 거의 10중 8,9 인용에 찬성투표하리라 본다. 그들의 예단이 눈에 보인다면 기피돼야 맞다”

    [출처: 중앙일보] 헌재, 대통령 측 강일원 재판관 기피 신청 10분만에 각하

  2. 이 문제에 대해서는 Op-Ed 캐더거리에 Editorial로서 따로 본사의 의견을 밝힐 계획입니다.

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