Judge on hot seat over decision on DLP officials
Published: 12 Nov. 2009, 02:16
Local judge Ma Eun-hyeok is in the hot seat after deciding last week to dismiss fines against 12 Democratic Labor Party officials indicted on charges stemming from melees at the National Assembly in January.
Critics question whether Ma, a judge at the Seoul Southern District Court, fairly decided the case because of his past attendance at the launch event of a book by New Progressive Party Chairman Roh Hoe-chan, a former senior DLP leader. He also gave Roh 100,000 won ($86) as a congratulatory present. Critics say the celebration was just six days before the decision to drop the charges against the DLP officials.
On Nov. 5, Ma dismissed prosecutors’ summary 700,000 won fine on each party official. Instead, he referred the case to a formal trial.
The court’s other judge, however, handed a 700,000 won fine to a DLP party official surnamed Park indicted on the same charges. In a senior meeting yesterday following Ma’s decision, ruling Grand National Party officials said the judicial system needs changes. “Many people in judicial circles take [Ma’s] decision as nonsense,” GNP floor leader Ahn Sang-soo. “Many in the public are concerned that Ma is trying to politicize the judiciary.”
GNP Representative Kim Young-sun said she cannot understand Ma’s ruling and questioned whether the judge believes he can make decisions based on personal ideological and political interests. A senior court official who spoke on condition of anonymity said debate over the judges’ divided ruling has heated up. “Many people nowadays tend to take disputed issues to court after they fail to resolve them between two sides,” the court official said. “That’s why the court’s ruling is becoming politically sensitive.”
Kim Sang-kyum, a law professor at Dongguk University, said Korea’s judiciary lacks a system to force judges to make politically neutral rulings.
“Korea’s law of legal procedure is another problem as it gives too much discretion to judges when they make rulings compared to that of foreign countries,” Kim said. He said a judge’s latitude in “deciding penalties should be defined more stringently and in detail. ”
Other court officials said the judiciary should instruct judges to retain political neutrality.
The Office of Court Administration recently conducted an investigation of Ma’s ruling on the DLP officials, saying it found his behavior inappropriate. But court administration investigators tentatively decided not to reprimand Ma because his behavior was not serious enough to merit punishment. In Korea, there are currently no regulations preventing judges from giving financial support to politicians. However, the judges’ ethics charter states they should keep politically neutral and should not engage in political work that could hurt that neutrality. Ma told the officials that he made the appearance because Roh had visited Ma family funerals and had given him condolence money. The court administration said Ma and Roh knew each other when they were in the labor movement in the 1980s.
By Kwon Suk-chun, Kim Mi-ju [[email protected]]
Critics question whether Ma, a judge at the Seoul Southern District Court, fairly decided the case because of his past attendance at the launch event of a book by New Progressive Party Chairman Roh Hoe-chan, a former senior DLP leader. He also gave Roh 100,000 won ($86) as a congratulatory present. Critics say the celebration was just six days before the decision to drop the charges against the DLP officials.
On Nov. 5, Ma dismissed prosecutors’ summary 700,000 won fine on each party official. Instead, he referred the case to a formal trial.
The court’s other judge, however, handed a 700,000 won fine to a DLP party official surnamed Park indicted on the same charges. In a senior meeting yesterday following Ma’s decision, ruling Grand National Party officials said the judicial system needs changes. “Many people in judicial circles take [Ma’s] decision as nonsense,” GNP floor leader Ahn Sang-soo. “Many in the public are concerned that Ma is trying to politicize the judiciary.”
GNP Representative Kim Young-sun said she cannot understand Ma’s ruling and questioned whether the judge believes he can make decisions based on personal ideological and political interests. A senior court official who spoke on condition of anonymity said debate over the judges’ divided ruling has heated up. “Many people nowadays tend to take disputed issues to court after they fail to resolve them between two sides,” the court official said. “That’s why the court’s ruling is becoming politically sensitive.”
Kim Sang-kyum, a law professor at Dongguk University, said Korea’s judiciary lacks a system to force judges to make politically neutral rulings.
“Korea’s law of legal procedure is another problem as it gives too much discretion to judges when they make rulings compared to that of foreign countries,” Kim said. He said a judge’s latitude in “deciding penalties should be defined more stringently and in detail. ”
Other court officials said the judiciary should instruct judges to retain political neutrality.
The Office of Court Administration recently conducted an investigation of Ma’s ruling on the DLP officials, saying it found his behavior inappropriate. But court administration investigators tentatively decided not to reprimand Ma because his behavior was not serious enough to merit punishment. In Korea, there are currently no regulations preventing judges from giving financial support to politicians. However, the judges’ ethics charter states they should keep politically neutral and should not engage in political work that could hurt that neutrality. Ma told the officials that he made the appearance because Roh had visited Ma family funerals and had given him condolence money. The court administration said Ma and Roh knew each other when they were in the labor movement in the 1980s.
By Kwon Suk-chun, Kim Mi-ju [[email protected]]
with the Korea JoongAng Daily
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