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No more politicization of the judiciary

Published: 29 Jan. 2024, 19:54

Former Supreme Court Chief Justice Yang Sung-tae was cleared of all 47 charges in his first trial last week. The Seoul Central District Court did not agree to any of the 47 counts, including power abuse — for which the prosecution arrested the head of the top court for the first time in Korean modern history. The prosecution plans to decide whether to appeal or not after “thoroughly studying the ruling.” The judgement lies with the higher courts, but the first ruling raises questions behind the motive and validity of the prosecution’s investigation and arrest of the chief justice.

The case goes back to September 2018. President Moon Jae-in, who was elected through a snap election in 2017 after his predecessor was impeached, demanded investigations on collusions in trials and abuse of power by higher judges during the Park Geun-hye administration. At that time, Supreme Court Chief Justice Kim Myeong-su, appointed by Moon, agreed to fully address to the question raised by the president during a ceremony marking the 70th anniversary of the founding of the judiciary branch. Prosecutor general Moon Moo-il also was at the site, posing as a conflicting scene against the Korean Constitution stipulating the separation of legislative, administrative and judiciary branches.

Yang and other senior judges were rigorously investigated, led by Yoon Suk Yeol, then head of the Seoul Central District Prosecutors’ Office, and his deputy Han Dong-hoon. Fourteen senior judges were tried, among which just two were found guilty in the lower court. The scorecard is pitiful compared with the high-profile government investigation on judges in the name of rooting out our past evils. The prosecution must look back on whether it tried to please the sitting power to demonstrate its power above the court or protect its vested power.

The breach of judiciary power ended up deepening judiciary politicization. Judges who blew the whistle on their peers were recruited to the presidential office under Moon or ran for a legislative seat under the ruling party’s banner. Liberal judges aligned to Chief Justice Kim dominated major seats in the judiciary branch. Delays in trials and political bias of judges fanned public distrust in the judiciary, further costing the independence and credibility in the judiciary.

The right to receive a fair and speedy trial makes up the core value of a democracy. Cho Hee-dae, the new chief justice of the Supreme Court from last December, bears the heavy onus to restore judiciary honor. He must fight for judiciary sovereignty and solve the issue of trial delays. The separation of powers must not be swayed by political power. The impairment in the independence of the judiciary and its political bias bode badly not just for a particular group but also for the entire population.