Ruling party faces test of clean hands principle

There is a legal principle known as the clean hands doctrine. It holds that those who commit illegal acts or fail to follow rules, in other words, those with unclean hands, cannot seek relief or claim the protection of the law. Evidence obtained unlawfully or conduct that violates legal or ethical standards loses legitimacy and cannot be protected in court.

The principle also means that any claim gains legitimacy only if the claimant’s hands are clean. It is as self-evident as a doctor washing hands before surgery to prevent infection. The principle applies not only to institutions that wield public authority, such as executive agencies, the legislature, and the judiciary, but also to journalists and civic groups tasked with monitoring and criticizing those in power. This is why moral integrity is as important as professional expertise.

Yet recent allegations involving the Democratic Party of Korea suggest that this principle may not apply to the party. From accusations of mistreatment of aides to allegations of stock trading under borrowed names, sexual misconduct claims, and controversies over collecting wedding gift money, scandals have erupted roughly once a month since July, one month after the launch of the Lee Jae-myung government. Criticism has been muted only because these controversies were overshadowed by the unprecedented wrongdoing of the insurrection.

Public anger has also been fueled by a series of controversial remarks. Kang Sun-woo, a lawmaker who was nominated as minister of gender equality and family but later withdrew, addressed criticism during her July confirmation hearing over alleged mistreatment of aides involving a bidet repair, saying it was a matter in which she had sought advice and made a request. Choi Min-hee, chair of the National Assembly’s Science, ICT, Broadcasting and Communications Committee, responded to criticism over wedding gift money at her daughter’s wedding by explaining that she had been too focused on studying quantum mechanics to pay attention to the ceremony.

The brazenness went further. Although a sexual assault victim appeared on a broadcast and directly accused Rep. Jang Kyung-tae of inappropriate physical contact, Jang claimed it was a recorded interview seemingly staged according to a script and dismissed it as slander. Despite growing controversy over secondary harm, including attempts to deflect attention by citing alleged dating violence by the victim’s former boyfriend, even female lawmakers within the party have remained silent. The situation is difficult to reconcile with memories of the 2018 MeToo movement. Jeong Cheong-rae, the party leader known to be close to Jang, avoided answering questions at his first news conference last December about the ethics inspection unit’s investigation into the case. With the party leader appearing to shield him, the fact-finding probe has stalled for more than a month.

Kim Byung-gi, a former floor leader who had faced repeated allegations involving abuse of power by family members, held on to his position until further claims emerged that he had tolerated illegal nomination donations during the 2022 local elections, prompting his resignation under pressure. Kim had previously denied the abuse allegations, warning media outlets of defamation lawsuits over what he described as false reporting. This helps explain why the Democratic Party of Korea ultimately passed the so-called anti-false information law without including provisions to prevent strategic lawsuits against public participation, despite opposition from press groups.

The belief that the current ruling camp is at least morally superior to the opposition has long faded, but it is rare for so many party figures to be embroiled in controversy in such rapid succession. If the party hopes to avoid undermining the legitimacy of its reform agenda and its effort to address insurrection, it must at the very least respond firmly after the fact and demonstrate the resolve to sacrifice even close allies when necessary. Those who wield power to judge and regulate others should remember that their hands must be cleaner than anyone else’s.