[Editorial] Roh’s Unpopular Choice

President Roh Moo-hyun made the choice yesterday to continue pushing for Jeon Hyo-sook’s appointment despite the gridlock in the National Assembly in appointment procedures and negative responses to her candidacy as head of the Constitutional Court.

He has decided to submit a personnel hearing motion for the Constitutional Court chief judge for Jeon. The president has ignored the heart of the issue in the Constitutional Court’s political neutrality and the trust of the people, and only fixed the procedural problems. This directly opposes the people’s thoughts that the only solution to the problem should be that Jeon should resign voluntarily.

Jeon has already showed her incompetence through one round of personnel hearings. In the appointment for head of the Constitutional Court, her attitude in following power and her lack of understanding of the Constitution has increased controversy over the neutrality of the Constitutional Court. A normal government should not insist on her appointment.

The Constitutional Court members are not directly appointed by the people, and it is important for the head and judges to acquire the authority based on the people’s trust and acceptance. In the case of the head of the Constitutional Court, though she or he has only 1/9 of the total power as in other judges in ordinary cases, the symbolism attached should not be tainted as it represents the constitutional value.

As Jeon has been attacked thusly, should she be appointed at this stage, it is likely that she may not acquire the trust of the people on a key national issue. It is worrisome that the Court headed by Jeon Hyo-sook may not have the trust of the people in the chance that decisions should again be made on issues like the presidential impeachment or laws on the transfer of the capital.

President Roh has appointed the head of the Constitutional Court not by searching for personnel far and wide for the future of the nation, but displayed a narrow-minded action in selecting a fellow appointee of the bar exam. This is not true to the Constitution which grants the president to wield the selection of personnel. It is important to acquire the acceptance of all political factions and choose the head of the Constitutional Court with the approval of the people in order to halter further distractions and stabilize political affairs.