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Justice delayed is justice denied

Published: 19 Sep. 2023, 20:34

The Supreme Court under liberal-minded Chief Justice Kim Myeong-su, whose term ends next week, finally gave its ruling on Rep. Choi Kang-wook, who was indicted for issuing a fake certificate to help the son of former Justice Minister Cho Kuk to get admitted into a good graduate school. After the top court sentenced the lawmaker to eight months in prison, suspended for two years, Choi lost his seat in the legislature.

Choi was indicted in October 2017 for falsifying internship certification for Cho’s son. But Choi accused the prosecution of political framing. But, the two lower courts judged the certification was fake. Many suspected the trials on Choi were intentionally stalled to buy time for Choi. The top court did not have strong ground to sit on the case for 16 months.
Its dilly-dallying on the case contrasts with its fast action on Kim Sun-gyo, a former lawmaker of the People Power Party who lost his seat after being slapped with a fine of 10 million won ($75,000) after his accountant on his election camp was convicted of violating the election fund act. It took only three months for the Supreme Court to deliver its final ruling after a high court verdict. The two cases took place under Kim Myeong-su, who was suspected of having favored figures under former President Moon Jae-in, who put him in office.

As it turned out, trials on officials in the Moon administration were blatantly delayed. It took more than three years for the first trial to be held on Cho in February after the indictment on his involvement in illicit admissions of his children and interfering with Blue House inspection. Since a final ruling cannot come out before April, Cho — just like Choi — can run in the next parliamentary elections while on trial.

Almost four years passed since Song Cheol-ho, the former Ulsan mayor, was indicted for illegality to get elected with the help of his friend and president, Moon. But the first trial is yet to hand out its ruling. Song’s original four-year term already ended. Democratic Party lawmaker Hwang Un-ha, who was indicted on the same charge, also can safely finish his term until April.

The court leadership under Kim had been accused of commanding the court on politics. The intentionally slowed trial process had been habitual under Kim’s six-year term.

The new chief justice taking office next week must do their utmost to restore the credibility of the court free from political bias. The judiciary must uphold its role as the last resort in safeguarding society’s core values of freedom, democracy, and republicanism amid the prevalence of fake democracy in this country today.