Posted September. 22, 2011 07:53,
New Supreme Court Chief Justice Yang Sung-tae will take office Sunday. His top priority should be correcting the judiciary`s tendency to belittle national security and public order and restoring public trust in courts and their rulings.
The Supreme Court is the last bastion of constitutional values. Ideological diversity in the court should be respected, but people wonder if it can tolerate justice Park Si-hwan, who said, North Korea cannot solely be seen as an anti-state organization. Outgoing Supreme Court Chief Justice Lee Yong-hoon recommended the nomination of Park as a Supreme Court justice in 2005 following the will of then President Roh Moo-hyun. By July next year, Yang will replace six Supreme Court justices appointed by Roh, including Park whose term ends in November. To maintain the independence of the judicial branch, Yang should choose as justices capable figures with convictions who can protect constitutional values despite the change in political power late next year.
The outgoing Supreme Court chief justice poorly handled Woori Law Society, an organization of liberal judges whose first president was Park. This has led the judiciary to be swayed by left-leaning judges and lose public trust. Political offenders who threatened the country`s survival were given suspended sentences by lower courts. In addition, rulings that go against the publics sense of law and common sense were delivered. They include the acquittal of Rep. Kang Ki-kap of the progressive Democratic Labor Party, who used violence at the National Assembly, and the not-guilty verdict for MBCs investigative TV program PD Notebook, which gave distorted reports on mad cow disease. In this sense, Yang should show his leadership by guaranteeing independence in trials while preventing certain judges from expressing their political convictions and ideologies through court rulings.
Outgoing Chief Justice Lee has actively pursued reform aimed at checking prosecutors, but has lacked the interest and will to reform the Supreme Court, such as limiting the number of appeals to the court. Over the past decade that includes Lees six-year term, the number of appeals to the court increased from 18,000 to 30,000. This has meant that a justice should handle six cases a day on average. Yang should reduce the number of appeals to protect the peoples right to appeal.
Yang should also expand the jury system. To make it effective, he should foster and allow the development of the system. Hopefully, the new Supreme Court chief will be an opportunity to bring about a judicial branch that protects the nation and people.