Official Pens Judge Qualification List

In the run-up to replacement of five constitutional judges in August and September, Hwang Chi-yeon, a 46-year-old research officer in the constitution at the Constitutional Court, described seven kinds of people who should not be a judge in his writing to the press. He sent the article to Yonhap News yesterday.

Hwang said, “Seeing considerable numbers of judges and prosecutors who resigned remaining silent to protect an organization that they loved, I imagined their silent pain,” adding, “I wrote this article after agonizing over it in the hopes that it would serve as a filter in appointing constitutional judges by taking specific examples with recklessness bordering on stupidity about possible nominees (of constitutional judges).”

The first type that he said should be ruled out as a nominee are those who have success-oriented careers, worshiping talent. He said, “You might pass the bar exam with talent, but talent is not everything you need for a constitutional trial.”

Second are those who are prejudiced against women. Hwang argues, “Those who are absorbed in patriarchal thoughts or those who are extremely biased against divorced women and disdain them should be excluded from the list of nominees.”

Third, those who are prejudiced against the disabled. He argues, “Those who didn’t understand the pain and efforts of the disabled and disregard the ability of the disabled are not qualified (as a constitutional judge).”

Fourth, “Those who are immersed in a sense of superiority for graduating from a certain high school or university, and those who think that graduates from other schools are not capable enough.”

Fifth, “Those who vowed that they would resign if a candidate from a certain region is elected president or those who are morbidly prejudiced against people from a certain region.”

Sixth, “Those who were with different perspectives from those of the incumbent president and frequently made harsh remarks against electing the incumbent president, but (now) emphasize their connection with the president.”

Seventh, “Those who are so immersed in legalism and contempt experts in other areas, including professors, literary men and artists.”

Hwang expressed his concern by saying, “Unless the public pays attention to and watches (the process of appointing judges), chances are that recommendations will be done by connections and backroom dealings among a handful of elites without a transparent process.”

Earning his doctor’s degree in law from Yonsei University, he entered the Constitutional Court as a researcher in the constitution in 1996. After working as assistant research officer in the constitution, he was appointed as a research officer in the constitution in 2003. Unlike most research officers in the constitution, he was neither a judge nor a prosecutor, and is currently being trained in the U.S.

Meanwhile, Judge Kwon Seong will retire on August 13, while President of the Constitutional Court Yun Yeong-cheol and Judges Kim Hyo-jong, Kim Gyeong-il and Song In-jun will leave the Constitutional Court on September 14 as their six-year terms expire.

Yun and Song were appointed by the president, while Kwon was appointed on recommendation of the Grand National Party. Kim Hyo-jong was agreed to by the ruling and opposition camps, and Kim Gyeong-il was appointed by the president of the Supreme Court. Therefore, among five new judges, the president will appoint two, while the National Assembly will pick other two and the president of the Supreme Court will decide the remaining one.

Tae-Hoon Lee jefflee@donga.com