Judiciary not immune from criticism

Supreme Court Chief Justice Lee Yong-hoon made an inspection tour of provincial courts in 2006 after taking office. He told judges there, “The owner of the judiciary is the people so if the judiciary fails to gain the people’s trust, it loses its reason for existence.” When appointing new judges in February last year, Lee said, “Trial rights that we exercise come from the people,” adding, “The conscience of judges should not be separate from society and they need to make efforts to gain universal validity.” In his New Year’s speech this year, Lee pledged to help the judiciary impress the people. All of these comments are correct.

What Lee said at an appointment ceremony for new judges Monday makes no sense, however. He called civic groups, the media and the political circle “forces blocking judicial independence,” saying, “Factors that hinder the rule of law are still all over our society. This can be a stumbling block to autonomy of the judiciary.” In a ceremony to mark Law Day in April last year and at a meeting of chief judges nationwide in December the same year, Lee also blasted journalists, politicians, legal professionals and civic activists for voicing criticism that “strays from the right path.”

Early last year, the judicial branch came under criticism from legal organizations and the media after judges belonging to the progressive legal group Woori Law Society acquitted Kang Ki-kap, a lawmaker of the progressive Democratic Labor Party who used violence at the National Assembly; teachers affiliated with the Korean Teachers and Educational Workers` Union who broke the law by signing an anti-government statement; another group of unionized teachers who brought their students to a memorial ceremony honoring pro-communist militias active in the time of the Korean War; and MBC producers guilty of inaccurate news coverage on mad cow disease. Lee deserves blame if his comments were intended to question public criticism against the unpersuasive rulings of certain judges. The media and civic groups have the right to question controversial rulings.

The rulings of certain judges go against the purpose of legislation and universal validity. Rulings based on ideology and those running counter to the spirit of the Constitution, the people’s legal sentiment and common sense are not immune from criticism. Trials and rulings are the domain of judges but the media has the duty to supervise and criticize the judiciary. Through his comments, Lee effectively showed his disregard for organizations and institutions outside of the judiciary.

Lee should not confuse sound criticism on rulings from unfair pressure that aims to trade justice for injustice via mobilizing political and monetary power. He seems self-righteous because he has branded those demanding economic and legal justice as forces that impede judicial independence.