Departing Constitutional Court justice warns against personal attacks

Moon Hyung-bae, the acting chief justice of South Korea’s Constitutional Court, stepped down Wednesday after completing his six-year term. In his farewell remarks, Moon emphasized respecting the court’s decisions and cautioned against personal attacks based on a justice’s background or ideology.

“While academic criticism of Constitutional Court rulings should be encouraged, ad hominem attacks must be avoided,” Moon said during his retirement ceremony at the court's main auditorium in Jongno District, Seoul. He alluded to recent partisan criticism of justices’ perceived leanings during the impeachment trial of former President Yoon Suk Yeol.

Moon also called for greater diversity among the justices to strengthen the court's deliberations. “Diverse perspectives are necessary to avoid the pitfalls of groupthink and to assess constitutional issues better,” he said, suggesting that seasoned legal scholars or court advisors with constitutional expertise should be considered for appointment. He also highlighted the need for deeper dialogue between current and former justices.

Justice Lee Mi-seon, who also retired Wednesday, reflected on her time on the bench, saying she often imagined a scale weighing the constitutionality of each case. “I constantly asked myself whether the balance was truly fair,” she said. “State institutions must uphold the Constitution. It is the will of the sovereign people and the foundation of a free democratic nation.”

With both justices retiring, the Constitutional Court now operates with only seven members. Acting President Han Duck-soo had nominated Lee Wan-kyu, head of the Ministry of Government Legislation, and Ham Sang-hoon, a senior judge at the Seoul High Court, as their successors. However, the Constitutional Court granted a temporary injunction, effectively suspending the appointments. Legal observers expect the next president, to be elected in the June 3 snap election, will nominate new candidates, thereby restoring the court to its full nine-member bench.


김태언기자 beborn@donga.com