From the very start of his inaugural statement new Supreme Court chief justice Lee Yong Hun had some novel things to say, since he discussed reflecting on the wrongs of the past. He sees the facts about how the judicial branch has not maintained independence from those in political power and that it has not been true to its mission of being the final bastion for the protection of human rights. He has called for the judicial branch to take a look at itself to see if it made any errors in judgment and whether justice was ever distorted because of outside influence, and he pledged to make inquiries into judgments that were in the wrong. The courts have long ignored demands for the truth and retrials in cases where human rights were trampled on, such with the "People's Revolutionary Party" and "Dong Baek Nim" cases.
Reflection that is put into practice will only be possible with judicial reform and the modernization of the judicial system. Such action would also make it possible for there to be a "court system that serves the people, a court system that is trusted by the people." That is why his statement that the "courts cannot continue to exist without the people's trust and democracy cannot be maintained without the courts" is simultaneously a matter of course and atypical. There was a time when the judicial branch served those with political power instead of the people, and when it sought the confidence of those in power instead of the people's trust. The result was that the courts committed "judicial murder" in cases such as the "People's Revolutionary Party" affair. Representatives of the president would "interview" candidates for chief justice of the Supreme Court, and there were shameful instances where candidates made "pledges of allegiance."
From when he was first rumored to be the candidate for chief justice, Lee was viewed as someone in whom it would be hard to find moral fault or shortcoming, but that it was also hard to find any evidence he desired to push for judicial reform. His inaugural address Monday washed away those concerns and given reason to have expectations. Four Supreme Court justices will see their terms end in November, and five more will see their terms end in July of next year. How truthful his inaugural address is will be judged among other things by who he nominates to replace them. There will be opposition to the goal of a rebirth of the judicial branch through reflection on past wrongs, clarifying the truth, and judicial reform, so we hope to see him nominate people who will work with him towards that goal.
The Hankyoreh, 27 September 2005.
[Translations by Seoul Selection (PMS)]
[Editorial] High Hopes for New Chief Justice |
