For the rule of law, not rule by law

Lee Ha-kyung
The author is a senior columnist of the JoongAng Ilbo.

A senior prosecutor told me 30 years ago that the law becomes a “nose ring if it is hung on the nose and an earring if it is hung on the ear.” He added, “Those who must be handled get handled, and those who must be protected get protected.” He more or less confessed that the prosecution had weaponized the law.

Former Vice National Assembly speaker Park Joo-sun, current chairman of the Korea Petroleum Association, makes an exemplary victim. Park joined the prosecution with the top grade from the state bar exam after graduating from Seoul National University College of Law. He was a star prosecutor of the special investigation bureau, but his former colleagues filed for his arrest four times, in each of which he had been found innocent. His junior investigators had assured him that he could be easily released because he had done no wrong. But the results were different due to “pressure from higher hierarchy.” He even received an apology from then-President Roh Moo-hyun, after the latter retired.

Prosecutor General Lee Won-seok vowed to “thoroughly” investigate the case involving the first lady’s acceptance of a luxury handbag from a Korean-American pastor. The presidential office cannot be happy about Lee. Song Kyung-ho, the Seoul Central District Prosecutors’ Office chief who commands a separate investigation of the first lady on allegation of her involvement in manipulating stock prices of Deutsch Motors, a BMW car dealer in Korea, is also determined to summon the first lady for questioning.

President Yoon Suk Yeol answers questions from reporters at the press conference on the occasion of his two years in office on May 9. [JOINT PRESS CORPS]

Lee was recruited as the deputy of the Supreme Prosecutors’ Office from the Jeju District Prosecutors’ Office shortly after his former boss Yoon became president, and in just three months, was appointed head of the prosecution. He was promoted quickly, just like Yoon had under Moon Jae-in’s presidency. Yet Lee is paying back the gratitude with an investigation on Yoon’s wife. But Lee has no choice after the apparent public displeasure with the presidential couple from the governing party’s landslide defeat in the April 10 parliamentary elections.

Yoon rose to stardom and became president by fighting the sitting power through his unwavering investigation of President Moon’s favorite guy, former Justice Minister Cho Kuk, and his family for corruption charges. Yoon could face the same shame by his protégé, Lee. Yoon restored the office of secretary for civil affairs and seated prosecutors as the senior secretary and deputy. But Lee was not easily tamed. He had gone after former President Park Geun-hye and arrested her. Lee’s tenure ends on Sept. 15, and anything can happen by then. President Yoon with his unilateral ways could have brought the misfortune. Majority opposition Democratic Party (DP) leader Lee Jae-myung is also not free from judiciary risk. If he is found guilty in any one of the multiple trials he faces, he would be restricted in running for president. Former Justice Minister Cho Kuk, leader of the new Rebuilding Korea Party, will be heading to prison if the Supreme Court upholds the guilty rulings of lower courts. Han Dong-hoon, former interim leader of the governing People Power Party (PPP), and former Land Minister Won Hee-ryeong could face investigations related to a daughter’s plagiarism allegation and Yangpyeong expressway project, respectively. All of the aspirants for the next presidency share the “sudden death” risk. Bipartisanship and compromise cannot be expected in such a hellish environment where the other’s loss is one’s gain.

The income chart over the past 100 years places Americans making earnings as meagerly as in the height of the Great Depression in the 1930s. Wealth inequalities stretched to the worst. Democracy is collapsing, giving way to populism. The sad sight is shared across the globe. Wars are being dragged out in Europe and the Middle East. Taiwan could be the next eye of the storm. Nuclear-armed North Korea is closing in on us. We can defend ourselves only by standing as one through internal unity, alleviated polarization and new growth engines.

Law that must stand equal to all should not turn into a devil’s weapon. We need rule of law, not rule by law. The original sin lies with the president. He went too far against his political opponents and their families.

When the sword aimed at him, he used his veto power to resist special counsel probes on his wife and the allegation of government interference in the investigation into the death of a Marine on a rescue mission. This cannot be fair.

Plato was the first to dictate the rule of law 2,500 years ago. In the book of “Laws,” he warned against the wealthy elites dominating the legal system for their own benefit, as the consequence would be an unjust society. Yoon must humbly accept the special probe on his missteps and his wife’s to correct the resort to the “rule by law” and unite the country. He could gain the much-needed impetus for his governing if no wrongdoing is found as he assures.

Hong Chul-ho, new senior presidential secretary for political affairs, advised Yoon to go where “there are people’s tears.” Fortunately, the president said he will do so. He must start by breaking himself from the never-ending conflict to go closer to the people in desperate need. His duty is not warring with opponents but ushering the society toward empathetic unity.