[Editorial] In Order to Establish the Ascendance of Law

The judiciary body tends to be conservative in the sense that it is an organization to monitor the conflict and crimes in the society according to the constitution, legal codes, and customs. In such a conservative organization, it would a very courageous behavior to voice the internal criticism because the internal critics are likely to be regarded as mavericks or heresies.

Moon Heung-Soo, the Chief Judge of the Seoul District Court, suggested the necessity of the cyber community of the judicial officers who pursue the independence of the judiciary body and the democratization of the court for establishing the ascendance of the law. And the 33 judicial officers expressed their resonance to Judge Moon`s suggestion. Even though the cyber community is comprised of very small number of judiciary officers among the total 1,700 officers, their messages have a very significant meaning not equivalent to the number of the members.

The judiciary body is the final stronghold to protect the democracy, market economy and human rights. Unless the judiciary officers are independent of the external political and monetary powers, and unjust internal pressure, they cannot play their role as an ultimate protector of the legal domination.

Chief Judge Moon had boldly raised his opinion on the necessary self-purification of judiciary body when the corruption scandal related to some judiciary officers and lawyers took place in 1999, and he continued to express his view on the independence of judiciary body coherently through the judicial decisions, writings, and actions. It is a very significant event that the 33 judicial officers harmonized with the strong criticism on the present and future of the judiciary body that Judge Moon raised in the inauguration statement of the cyber community.

Moon`s inauguration statement rightly pointed out that our nation has faced the era of legal crisis partially because the judicial officers have not appropriately executed their responsibilities. Especially, Moon confessed that the judicial decisions on criminal cases have been influenced by the paternalistic connection with the lawyers so that it failed to obtain the sympathy of peoples. As a matter of fact, the power-related economic corruption cases have always obtained the paternalistic judicial decisions after the public opinion cooled down, and thus the corruptions of our society have remained untouched.

Most judicial officers agreed with Moon`s view that the judges could not make a conscientious decision without the establishment of personnel system guaranteeing the status of the judicial officers. In particular, it is a noteworthy confession that the judicial officers also cannot be free from the worries about their families and futures. It is a kind of self-reflection to acknowledge that the judicial independence has been hampered by the current problematic personnel system.

Many a little attempts for self-purification may bring about the fundamental change in the core system. When the conscientious judicial officers make every effort for self-purification of the judiciary body, the strict ascendance of law will be accomplished in our society.