President Roh Moo Hyun has designated Lee Yong Hun the next chief justice of the Supreme Court. Lee is currently the head of the Public Servants' Ethics Committee. He is said to believe in reform and enjoy trust and popularity in the legal community. Some, however, question whether he really has what it would take to implement reform. He is looked on with displeasure by the main opposition party for having helped Roh's defense when the National Assembly's impeachment bill went to the Constitutional Court. He will have to submit to thorough questioning before being approved by National Assembly committee.
The new chief justice's historical mission is a most profound one. He essentially gets to remake the Supreme Court because of 9 of its 13 judges will see their terms end before July of next year, and he has the authority to recommend their replacements. The basic function of the Supreme Court is to guarantee the fundamental rights of the people by interpreting the law, and yet there were no few times when it was criticized for judgments that went against the times with backwards interpretations that obsess with the law's wording. The chief justice needs to recommend individuals who are open-minded.
Finishing the job of reforming the judicial system is something important. Streamlining the legal profession, participation by private citizens, converting the Supreme Court into a policy court and other major areas of reform are already the subject of a consensus among the people. However there exists conflict with the prosecution about reforming criminal court proceedings, and the Supreme Court is criticized also for being unable to make progress on the quotas for professional graduate schools of law because of the demands of various interested parties. The president nominates Supreme Court justices, but the chief justice must not forget that he is responsible to the people.
There also needs to be serious decisions made about reforming the way judges are promoted when they currently place importance on when they graduated from the judicial training center and on hierarchy, and about legal ways to democratically regulate the right to issue promotions, something currently placed mostly with the chief justice. The new chief justice needs to work hard to reflect on the stained history of the justice system since was disgraced by things like "judicial murders," and to assist those who suffer from wrongful judgments. True independence for the judicial branch happens when it is free not only from state power but also from the power of money. The new chief justice has to keep in mind the fact that there is a long way to go before the court wins back the people's confidence.
The Hankyoreh, 19 August 2005.
[Translations by Seoul Selection (PMS)]
[Editorial] New Chief Justice Must Reform Judicial Branch |
