Posted May. 20, 2002 08:49,
Big scandals decorate headlines of newspapers everyday.
If big scandal is frequent like these days, people become numbed by scandals.
However there is one scandal that we can`t overlook carelessly, even in insensibility, it is Parkview scandal of Bundang.
This scandal embarrasses us by concealed facts, as the more the prosecution digs out, its suspicion becomes bigger.
It is marvelous how such issue comes out in every end of regime.
Truly, is the history getting repeated? Is the lesson that is gained from the previous issue, of no use?
The Parkview scandal is the issue that can happen among Koreans, as people extraordinarily adhere to real property.
Likewise, since Parkview scandal is connected to our residential life, it can`t be out of our sight.
On the surface of Parkview matter, there is privileged distribution.
And suspicion that is called change of land covers it up internally.
Such suspicion is concentrated in Parkview scandal.
However, let`s approach its more substantial matter now.
The biggest problem of this issue is that it contains factors that can destroy our community`s order, which the constitution regulates.
The suspicion of privileged distribution like distribution in advance, shows how futile it is to keep order and how artificial fair competition is.
Here, people lose value of reliability. People see darkness of lawful order that collapsed in front of the power.
The law that doesn`t get people`s reliability is useless and the nation can`t carry out its
normal function.
Of course, the construction company in this scandal is not national organization or local government group.
Therefore, we can`t seek its responsibility from nation externally.
The nation can conduct only judicial inquiry within granted rights, in case the compromise is revealed.
We have been entangled in so many speculation of real property so far.
There is always matter of public in issues relevant to real estate.
Our constitution emphasizes public welfare in exercising property right by an individual.
Also, it levies the duty of developing housing policy by the nation in order for people to have comfortable dwelling life.
But, we can`t demand the nation to build up houses one-sidedly.
However, regulation of our constitution orders the nation to make compatible effort on it.
Right of people that is mentioned in the constitution is the subject which should be guaranteed by its regulation itself.
However, current situation makes us re-consider its significance.
Another aspect of Parkview scandal is that haughtiness of national power is concealed in it, which ignores basic rights of people and nullifies regulation of the constitution.
The righteousness doesn`t exist in place where it deceives people and adopts an expedient.
Aim of the constitutional nation is righteousness, and social righteousness doesn`t exist in society which denies righteousness.
We pay attention to judicial authority that deals with this issue.
People should know the truth and inspect with constitutional eyes, the strict application of law and the ministerial arm of the law.
In addition, it should complement the system so that such dishonorable issue doesn`t occur.
Especially, it should revise opaque regulation of law relevant to real estate, which enables administrative authority to analyze the law literally.
These are requests of the constitutional nation that principles clearness.
It is not so easy to establish a constitutional nation in 50 years of constitutional history, which is not long.
After all, Parkview issue is self-portrait of our constitutional nation.
Now, people should be inspectors, as the source of fairness of national power.
If not, the constitution would become just decoration and the constitutional nation would collapse due to endless illegality and corruption.
The constitution is law document that is formed by agreement of the people.
It is our promise to keep it, despite nobody forces.
Let`s don`t loom shadow of dishonor in the highest law of the nation anymore.
It is the way towards the constitutional nation that all of us longs for.
Kim Sang-Gyeom (Prof. Of Dongkuk University, the Constitution faculty)