Wikipedia

Jeong Jeong-mi

In this Korean name, the family name is Jeong.

Jeong Jeong-mi (Korean: 정정미; born May 24, 1969) is a South Korean jurist who serves as a justice of the Constitutional Court of South Korea. She was nominated by Chief Justice Kim Myeong-su on March 6, 2023, and officially appointed to the court by President Yoon Suk Yeol on April 17, 2023. She is the sixth woman to serve on the Constitutional Court.

Jeong Jeong-mi
정정미
Justice of the Constitutional Court of South Korea
Incumbent
Assumed office
April 17, 2023
Nominated byKim Myeong-su
Appointed byYoon Suk Yeol
Preceded byLee Suk-tae
Personal details
Born (1969-05-24) May 24, 1969 (age 55)
Busan, South Korea
Spouse
Kim Byeong-sik
​
(m. 1997)​
Children3
EducationSeoul National University (LL.B.)
Korean name
Hangul
정정미
Hanja
鄭貞美
Revised RomanizationJeong Jeongmi
McCune–ReischauerChŏng Jŏngmi

Jeong was born and raised in Busan. After graduating from the Seoul National University College of Law and 25th class of the Judicial Research and Training Institute, she began her career as a judge for the Bucheon Branch of the Incheon District Court [ko] in 1996. For the next 27 years, she served as a judge for courts in the areas of Seoul, South Chungcheong, Daejeon, and Jeonju. In 2023, she was nominated and appointed to the Constitutional Court as a replacement for Justice Lee Suk-tae. During her tenure on the court, she has been classified as moderate judge.

Early life and education

edit

Jeong was born on May 24, 1969, in Busan, the third of five children that included two brothers and two sisters.[1][2] Jeong's parents were originally from Hadong, Gyeongsangnam-do and had moved to Busan prior to Jeong's birth.[1] In reflecting on her childhood, Jeong described her parents as poor but hardworking and recalled how her mother, who was a devout Buddhist, would tell her to "become a Buddha who saves all people."[1] During Jeong's second year of middle school, Jeong's parents struggled financially and had to make a living as street vendors selling flowers in Nampo-dong, Busan.[1]

Jeong attended Namseong Girls' High School [ko], a private school in Jung-gu, Busan, where she graduated in 1988.[2][3] Jeong then attended the Seoul National University College of Law, graduating in 1993.[2][4] Jeong passed the 35th bar examination in the same year and graduated from the 25th class of the Judicial Research and Training Institute in 1996.[5][6]

edit

Upon graduation from the Judicial Research and Training Institute, Jeong was hired as a judge for the Bucheon Branch of the Incheon District Court [ko].[1][2] After two years at the Incheon District Court, Jeong was transferred to the Northern Branch of the Seoul District Court [ko] in 1998.[2] In 2000, Jeong joined the Gunsan Branch of the Jeonju District Court [ko].[2] Starting in 2004, Jeong began serving as a judge for courts through Daejeon and Chungnam, including the Daejeon District Court [ko] and Daejeon High Court [ko].[1][2] From 2009 to 2011, Jeong also served as a professor at the Judicial Research and Training Institute.[2] In 2011, Jeong was promoted to chief judge at the Daejeon District Court and served from 2014 to 2016 as head of the Gongju Branch [ko].[2] During Jeong's tenure, Jeong was twice evaluated as an outstanding judge in 2013 and 2019 by the Daejeon Bar Association.[7] In 2019, Jeong was promoted to the Daejeon High Court.[2]

In 2022, Jeong presided over an appeal trial involving the sexual assault and murder of a 20-month old infant that received significant public attention. On June 15, 2021, Yang Jeong-sik was accused of abusing his 20-month old stepdaughter by sexually assaulting her, beating her, twisting her arm, and throwing her against a wall.[8][9][10] After she died from the abuse, he hid her body in an icebox for twenty days.[8] When the girl's grandmother reported Yang to the police, Yang fled and was arrested four days later at a motel in Dong-gu, Daejeon.[8] While Yang was initially convicted and sentenced to 30 years in prison, the prosecution appealed the sentencing decision to the Daejeon High Court and requested the court impose the death penalty.[8][9] During the course of the trial and appeal proceedings, more than 900 petitions and complaints were sent to the courts demanding severe punishment for Yang.[10] After conducting an appeal trial, a panel of the Daejeon High Court led by Jeong increased Yang's sentence to life in prison.[9][10] In making the court's ruling, Jeong stated "it is very necessary to clearly state the principle that those who harm the life of an innocent child will definitely pay a price appropriate to their crime, and to prevent such crimes from happening again."[11]

Constitutional Court of South Korea (2023–present)

edit

Nomination

edit

In January 2023, the South Korea Supreme Court formed a Constitutional Court Justice Candidate Recommendation Committee to recommend replacements for Justice Lee Seon-ae, whose term of office ended March 2023, and Justice Lee Suk-tae, whose term of office ended April 2023.[12] On February 28, 2023, Jeong was one of the eight candidates recommended by the committee, a list which also included Chief Judges Kim Hyungdu and Kim In-gyeom [ko] of the Seoul High Court [ko], Chief Judge Kim Heung-jun of the Busan High Court [ko], Chief Judge Kim Yong-seok [ko] of the Patent Court [ko], Chief Judge Son Bong-gi [ko] of the Daegu District Court [ko], Chief Judge Noh Gyeong-pil of the Suwon High Court [ko], and Ha Myeong-ho, a professor at Korea University Law School.[13]

On March 6, 2023, Supreme Court Chief Justice Kim Myeong-su nominated Jeong as the replacement for Justice Lee Suk-tae.[14][6] At the time of Jeong's nomination, conservatives had expressed concern that Chief Justice Kim would choose progressive nominees and give progressives a six-seat majority on the nine-member Constitutional Court where six votes is required for constitutional review.[15][16] Of the incumbent Constitutional Court justices, four including Justices Yoo Nam-seok, Moon Hyungbae, Kim Kiyoung, and Lee Mison were members of progressive research organizations.[16] And of the eight candidates recommended for nomination by Chief Justice Kim, both Chief Judge Kim Heung-jun and Professor Ha Myeong-ho had ties to progressive research organizations.[16] Jeong's nomination reportedly alleviated these concerns as Jeong was considered a moderate judge.[16] Jeong's nomination also kept the ratio of men to women on the court at 6–3.[16]

On March 29, 2023, the National Assembly's Legislation and Judiciary Committee held a hearing on Jeong's nomination.[1] During the hearing, members of both the Democratic Party and People Power Party questioned Jeong on whether the government's third-party compensation proposal for victims of Japanese forced labor violated the Supreme Court's compensation ruling.[17] In declining to criticize the proposal, Jeong stated "the Supreme Court ruling declared the debtor's responsibility, and I think that the actual process of receiving the money and realizing the payment could be separate areas."[17] When questioned on the Constitutional Court's recent limitations on prosecutors' investigative powers, Jeong stated she respects the ruling and claimed criticism that the court's ruling was politically motivated was inappropriate.[17][18] Jeong also expressed support for requiring face-to-face hearings for the issuance of search-and-seizure warrants.[18]

In response to questions about anti-discrimination laws, Jeong stated "sexual minorities are not a matter of right or wrong, but a matter of an individual's sexual orientation, and should be respected as a private matter" while also noting "in the process of enacting the law, a process of broadening the scope of understanding, resolving misunderstandings, and forming social consensus should come first."[18] Jeong also faced controversy over acquiring farmland in Cheongdo-gun, Gyeonsangbuk-do in 2013.[19] While Jeong was serving on the Daejeon District Court as a chief judge, Jeong reportedly submitted an agricultural management plan to local authorities that claimed Jeong would be farming the property with her own labor.[19] When questioned about the property at the hearing, Jeong stated "there was no intention of gaining illicit profits" and claimed the farm was purchased by her parents under her name.[18]

While the National Assembly's approval was not required for Jeong's appointment, the Legislative and Judiciary Committee adopted a report on March 30, 2023, that found Jeong was sufficiently qualified for appointment to the Constitutional Court.[20] On April 17, 2023, Jeong received an official letter of appointment to the court from President Yoon Suk Yeol.[21]

Tenure

edit

During her tenure on the court, Jeong has generally been rated as a moderate and orthodox jurist.[22][23] But while some news outlets have classified her a moderate conservative,[24][25] others have pointed to some of her recent rulings to suggest she is a moderate that leans progressive.[26][27]

Impeachment rulings

edit

Within months of joining the court, Jeong joined a unanimous majority in dismissing the National Assembly's impeachment of Lee Sang-min, the Minister of the Interior and Safety.[28][29] While the National Assembly had sought to hold Lee responsible for the 2022 Seoul Halloween crowd crush, the Constitutional Court held Lee "did not commit a serious violation of the Constitution or the law."[28] In a separate opinion, Jeong noted that while Lee's post-disaster remarks violated the duty to maintain dignity as a civil servant, the violation was not severe enough to justify Lee's removal from office.[29]

On May 30, 2024, Jeong joined Justices Kim Kiyoung, Moon Hyungbae, and Lee Mison in dissenting from the Constitutional Court's decision to dismiss the impeachment of Ahn Dong-wan, a deputy chief prosecutor from the Busan District Prosecutors' Office [ko].[30] The National Assembly had initially impeached Ahn for the retaliatory prosecution of a Seoul city official.[30] Although five of the court's nine justices agreed to dismiss the impeachment, they were divided on their reasoning with three justices arguing there was no abuse of power while two justices argued any violation was not sufficiently serious to justify dismissal.[30] Jeong and the other dissenting justices disagreed, stating Ahn not only abused the right to prosecute but that such abuse sufficiently serious to support removal from office.[30] They stated "the benefit of protecting the Constitution that can be gained by dismissing Prosecutor Ahn is so great that it overwhelms the national loss that would result from dismissing him, so Prosecutor Ahn must be dismissed from his position."[30]

North Korea leaflet ban

edit

On September 26, 2023, Jeong was part of a 7–2 majority on the Constitutional Court that found a criminal ban on citizen-run leaflet campaigns in North Korea was an unconstitutional restriction on free speech and violated the prohibition of excessive punishments.[31][32]

Political Parties Act

edit

On September 26, 2023, the Constitutional Court addressed whether a ban on the establishment of regional political parties in the Political Parties Act was an unconstitutional restriction.[33] While a majority of five justices, including Jeong, determined the law was unconstitutional because it created "a risk of blocking grassroots democracy by excluding the emergence of political parties that can actively reflect political will on regional issues," they fell short of the minimum six votes required to overturn the law as unconstitutional.[33]

Military issues

edit

On October 26, 2023, the Constitutional Court addressed whether a provision of the Military Criminal Act that criminalized anal sex was unconstitutional.[34] While this was the fourth time the provision's constitutionality was challenged, a 5–4 majority held the provision was constitutional while Jeong joined Justices Kim Kiyoung, Moon Hyungbae, and Lee Mison in dissenting.[34]

On May 30, 2024, Jeong joined a 5–4 majority that held an alternative service system for conscientious objectors was constitutional.[35] While the 36-month period for alternative, non-military service was greater than the period required for active military service under South Korea's mandatory conscription system, the majority held it was appropriate to remove the incentive for avoiding military service.[35]

MV Sewol ferry disaster response

edit

On June 2, 2024, the Constitutional Court dismissed two petitions that argued the government's relief measures in response to the sinking of MV Sewol in 2014 were inadequate and a violation of their fundamental rights.[36] In a 5–4 decision, the court determined the action was untimely because the alleged infringement had already occurred.[36] While the court had the authority to hear the case if there was an "exceptional interest in requesting trial" which included the protection of constitutional order or when there was a risk of infringement recurring, the court determined the issues had already been addressed in prior litigation and that "it is difficult to recognize the exceptional interest in requesting trial in this case due to the need for constitutional explanation."[36] Jeong joined Justices Kim Kiyoung, Moon Hyungbae, and Lee Mison in dissenting, arguing "in a situation where the people’s right to life is threatened by a large-scale maritime accident similar to a disaster such as the Sewol ferry disaster, the issue of the state’s fulfillment of its duty to protect basic rights is likely to recur."[36] They also argued prior court rulings on the disaster did not address the issues presented by the constitutional petition.[36]

Environment

edit

On August 29, 2024, Jeong joined a unanimous majority of the Constitutional Court in ruling the Carbon Neutrality Framework Act's failure to set a greenhouse gas emissions reduction target after 2031 was unconstitutional because it failed to protect basic rights.[37] While Jeong joined four justices in also finding the Act's emissions reduction targets for 2030 to be inadequate and unconstitutional, they lacked the six votes required to overturn this portion of the Act.[37]

Personal life

edit

In 1997, Jeong married Kim Byeong-sik, a fellow trainee at the Judicial Research and Training Institute who was later hired as a judge for the Seoul District Court in 1999.[1] Together, they have three daughters.[1]

See also

edit

References

edit
  1. ^ a b c d e f g h i Han, Su-hyeon (March 29, 2023). "Constitutional Court Justice Nominee Jeong Jeong-mi: 'Communication and empathy skills honed in the courtroom will help in effective judgment'". 법률신문. Archived from the original on June 6, 2023. Retrieved December 16, 2024.
  2. ^ a b c d e f g h i j "헌법재판소 재판관 지명 내정" [Nomination of judges of the Constitutional Court] (Press release) (in Korean). March 6, 2023. Archived (PDF) from the original on December 20, 2024. Retrieved December 20, 2024.
  3. ^ "남성여자고등학교". School Info. Archived from the original on December 20, 2024. Retrieved December 20, 2024.
  4. ^ Heo, In-young (March 6, 2023). "Chief Justice Kim Myeong-su nominates Kim Hyung-doo and Jeong Jeong-mi as next Constitutional Court justices". The Korean Legal News. Archived from the original on December 18, 2024. Retrieved December 17, 2024.
  5. ^ Lee, Seung-yoon (April 17, 2023). "New Constitutional Court Justice Jeong Jeong-mi Takes Office… "Will Bring Out Empathy from Ordinary People"". The Korea Economic Daily. Archived from the original on December 17, 2024. Retrieved December 17, 2024.
  6. ^ a b Song, Won-hyung (April 17, 2023). "Justice Jeong Jeong-mi takes office as Constitutional Court Justice: "I hope to be able to draw sympathy from ordinary people"". Chosun. Archived from the original on April 19, 2023. Retrieved December 17, 2024.
  7. ^ Shin, Min-jeong (March 6, 2023). "Chief Justice Kim Myeong-su nominates Kim Hyeong-du and Jeong Jeong-mi as new Constitutional Court justices". Hankyoreh. Archived from the original on June 23, 2023. Retrieved December 17, 2024.
  8. ^ a b c d Kim, Do-hyeon (April 22, 2022). "Prosecutors, stepfather who abused and murdered his 20-month-old stepdaughter, seeks death penalty in appeal trial". Newsis. Archived from the original on December 21, 2024. Retrieved December 20, 2024.
  9. ^ a b c Jeong, Jae-hoon (May 27, 2022). "20-month-old infant abuse murderer 'Yang Jeong-sik' sentenced to life imprisonment in appeal trial". KBS. Archived from the original on December 21, 2024. Retrieved December 20, 2024.
  10. ^ a b c Im, Byeong-an (May 29, 2022). "Yang Jeong-sik, who murdered his 20-month-old stepdaughter, was sentenced to life imprisonment… 1,000 petitions for strict punishment". Joongdo. Archived from the original on December 21, 2024. Retrieved December 20, 2024.
  11. ^ Hwang, Jae-ha (March 6, 2023). "Candidate Jeong Jeong-mi, excellent trial management skills… 'Excellent judge' twice". Yonhap News. Archived from the original on December 21, 2024. Retrieved December 20, 2024.
  12. ^ Kim, Deokseong (January 31, 2023). "Candidates for the Constitutional Court Justices are narrowed down to 27". Legal Times. Archived from the original on March 29, 2023. Retrieved December 21, 2024.
  13. ^ Han, Song-won (March 3, 2023). "Yoon administration appoints first Constitutional Court judge… Attention on whether 'Kim Myeong-su's sword' or 'Korean law background' will be nominated". TV Chosun. Archived from the original on March 8, 2023. Retrieved December 17, 2024.
  14. ^ Oh, Hyo-Jeong; Lee, Ho-Jeong (March 6, 2023). "Two new justices nominated for Constitutional Court". Korea JoongAng Daily. Archived from the original on June 13, 2024. Retrieved December 16, 2024.
  15. ^ Lee, Jeong=hwan (March 6, 2023). "The first constitutional judge of the Yoon administration said in the past in the National Assembly, "In the past, only certain things were prosecuted."". Oh My News. Archived from the original on March 7, 2023. Retrieved December 21, 2023.
  16. ^ a b c d e Jo, Jun-young (March 6, 2023). "Judges Kim Hyung-doo and Jeong Jeong-mi nominated as new Constitutional Court Justices… Non-Korean Law Research Association members". Money Today. Archived from the original on July 13, 2024. Retrieved December 21, 2024.
  17. ^ a b c Kim, Shin-Young (March 29, 2023). "Constitutional Court Justice Nominee Jeong Jeong-mi: "Japan's Forced Labor Third-Party Compensation Proposal Does Not Violate Supreme Court Ruling"". Newspim. Archived from the original on March 29, 2023. Retrieved December 21, 2024.
  18. ^ a b c d Jeong, Seong-jo (March 27, 2023). "Constitutional Court Justice Nominee Jeong Jeong-mi: "Agree with the purpose of face-to-face examination of seizure warrant"". Yonhap News. Archived from the original on December 21, 2024. Retrieved December 21, 2024.
  19. ^ a b Jang, Geon-seop (March 24, 2023). "Rep. Kim Ui-gyeom, "Constitutional Court Justice nominee Jeong Jeong-mi, living in Daejeon, 'will continue farming', acquires farmland in Cheongdo, Gyeongbuk"". Mirae Ilbo. Archived from the original on May 24, 2024. Retrieved December 21, 2024.
  20. ^ Heo, Kyung-Jin (March 30, 2023). "The Legislative and Judiciary Committee adopts the hearing report on the nominees for Constitutional Court Justices Kim Hyung-doo and Jeong Jeong-mi". JTBC News. Archived from the original on December 17, 2024. Retrieved December 17, 2024.
  21. ^ Woo, Han-sol (April 17, 2023). "President Yoon presents letter of appointment to new Constitutional Court Justice Jeong Jeong-mi". KBS. Archived from the original on December 17, 2024. Retrieved December 17, 2024.
  22. ^ Kim, Jeong-yeong; Kim, Jeong-min (August 23, 2023). "Lee's 4-person group vs. progressive 2-person group... This kind of Constitutional Court, all judges except 2 are replaced". The JoongAng. Archived from the original on August 4, 2024. Retrieved December 22, 2024.
  23. ^ Kim, Sang-hee (December 15, 2024). "Now the ball is in the court of the Constitutional Court...9 Constitutional Court Justices Who Hold the 'Sword of Destiny'". Tax Daily. Archived from the original on December 22, 2024. Retrieved December 22, 2024.
  24. ^ Ahn, Gyu-young (November 20, 2024). "3 Constitutional Court Justices Vacant… Ruling Party Accepts '2 Opposition Justices Recommended'". Dong-A. Archived from the original on November 21, 2024. Retrieved December 22, 2024.
  25. ^ Jeong, Hwan-bong (December 15, 2024). "If the Constitutional Court becomes a 'complete 9-member', it will be reorganized into 4 progressives, 3 moderate conservatives, and 2 conservatives". Hankyoreh. Archived from the original on December 20, 2024. Retrieved December 22, 2024.
  26. ^ Bae, Jeong-hun (December 14, 2024). "Constitutional Court Justices Who Will Decide the Fate of President Yoon Seok-yeol Through 'Impeachment'". SBS News. Archived from the original on December 15, 2024. Retrieved December 22, 2024.
  27. ^ Lee, Tae-jun (December 19, 2024). "Yoon's fate hangs on the Constitutional Court... A closer look at the faces of the six judges". SISA Journal. Archived from the original on December 19, 2024. Retrieved December 22, 2024.
  28. ^ a b Bang, Geuk-ryeol (July 25, 2023). "Constitutional Court, Lee Sang-min impeachment unanimously dismissed... Lee Sang-min returns to work after 167 days". Chosun. Archived from the original on October 10, 2023. Retrieved December 22, 2024.
  29. ^ a b Lee, Sang-kyung (February 13, 2024). "[Explanation of key decisions from the previous year - Constitution ②] "2023 Constitutional Court decision reexamines the constitutional value of protecting the socially disadvantaged… Acting as a driving force for protecting the rights of the people and expanding basic rights"". Korean Bar Legal Newspaper. Archived from the original on December 22, 2024. Retrieved December 22, 2024.
  30. ^ a b c d e Im, Hye-ryeong (June 14, 2024). "Prosecutor Ahn Dong-wan's impeachment dismissed for 'Yoo Woo-sung retaliatory indictment'... Judges vote 5-4". Korean Bar Legal Newspaper. Archived from the original on June 9, 2024. Retrieved December 22, 2024.
  31. ^ Kim, Tong-Hyung (September 26, 2023). "South Korea's Constitutional Court strikes down law banning anti-Pyongyang leafleting". Associated Press. Archived from the original on December 18, 2024. Retrieved December 22, 2024.
  32. ^ Lee, Young-ah (October 30, 2024). "[2019~2024 Constitutional Court Special Judgment Critique ⑦] Should the distribution of leaflets to North Korea be guaranteed as freedom of expression?". People Power 21. Archived from the original on December 23, 2024. Retrieved December 22, 2024.
  33. ^ a b Jeong, Min-gu (October 4, 2023). "Political party law that does not allow regional political parties⋯Constitutional Court 4 to 5 'constitutional'". EP News. Archived from the original on December 23, 2024. Retrieved December 22, 2024.
  34. ^ a b Kim, Hyung-nam (November 22, 2023). "[Judgment Criticism] You can't focus on your military life because of sexual minorities?". People Power 21. Archived from the original on January 14, 2024. Retrieved December 22, 2024.
  35. ^ a b Ryu, Jae-min (May 30, 2024). "Constitutional Court: "36-month alternative service for conscientious objectors is constitutional"". 서울신문. Archived from the original on December 23, 2024. Retrieved December 22, 2024.
  36. ^ a b c d e Cho, Han-joo (June 2, 2024). "Constitutional Court Dismisses Constitutional Petition on 'Government's Inadequate Relief During Sewol Ferry Disaster'… 4 Justices Dissente". Law Times. Archived from the original on December 23, 2024. Retrieved December 23, 2024.
  37. ^ a b "Carbon Neutrality Act Unconstitutional… First Climate Lawsuit "Recognizes Fundamental Rights of Future Generations"". The Korea Maritime News. August 30, 2024. Archived from the original on December 23, 2024. Retrieved December 23, 2024.
edit
Legal offices
Preceded by Justice of the Constitutional Court of South Korea
2023–present 		Incumbent
Retrieved from "https://en.wikipedia.org/w/index.php?title=Jeong_Jeong-mi&oldid=1264903890"