[시론] Chief Justice’s Lie Breaks Judiciary Trust

President Richard Nixon’s resignation in August 1974 in the Watergate case was a decisive moment in the Supreme Court of the United States. After the incident in 1972, Nixon endured the media reports and testimonies of his aides for more than two years, but finally raised his hand when the Supreme Court unanimously decided to submit the 18-minute recording tape in the White House office, which had been concealed. The public transcript revealed that Nixon ordered the Federal Bureau of Investigation (FBI) to halt the investigation six days after the incident and had tricked the public.

At the time, Nixon insisted on the necessity of securing the dialogue between the president and his aides and the presidential immunity privilege for smooth execution of state affairs. However, Supreme Court Chief Warren Berger, who wrote the judgment, ruled that the president’s confidentiality and immunity privileges could also be limited if they conflict with the right to a fair trial. The ruling marked an important milestone in the history of American democracy.

The two pillars of the rule of law in the United States are the judiciary, independent of the federal constitution. The’Founding Fathers’ in the United States feared the most of the’democracy without rights guarantees’ caused by the majority of tyranny. The Federal Supreme Court was born as a result of addressing these concerns and agreeing that an independent judiciary is essential for the realization of rule of law.

Chief Justice Warren Berger was appointed by President Nixon, but he remained unwavering in the face of justice and truth. During the Great Depression of the 1930s Franklin Roosevelt’s New Deal, the Supreme Court of the United States put a brake on the unconstitutional ruling, saying, “We may need extraordinary measures in exceptional circumstances, but we cannot create or expand superconstitutional power.” This is why the US Supreme Court Justices are called’Justice’ and the Chief Justice of the United States is called’Chief Justice’.

Liberal democracy is a complex system that restrains and regulates power according to laws and a system of checks and balances. Political order is based on legitimacy and authority emerges from legitimate rule. Such legitimacy is secured by respect for the rule of law, and its essence is to place restrictions on state power. For the rule of law to function properly, normative issues are as important as institutions and procedures. In order for citizens to respect and obey the law, it must be based on trust that the law is fundamentally fair and that the judiciary makes a fair decision. The constitution guarantees the independence of the judiciary and the guarantee of the status of judges is an expression of the national mandate to defend the constitution and rule of law as the last bastion of justice.

The investigation of’Judicial Nongdan’, which led to the arrest of the former Supreme Court chief, was a big shock. Supreme Court Chief Kim Myung-soo, who was selected as a surprise, had a serious responsibility to secure the independence of the judiciary from political power and promote judicial reform. However, the achievements left over the four-year term are disastrous. As a large number of judges from certain groups, such as the Korean Law Research Society and the International Human Rights Law Research Society, have a common ideology and tendencies, there are serious concerns about the politicization and fairness of judicial law.

He played no role as the head of the judiciary even in the case of impeachment proceedings by the National Assembly against Judge Im Seong-geun. There was no investigation by the National Assembly on the grounds for impeachment, and it was a’political impeachment’ to tame the judiciary in the case of acquittal at the first trial, but it was silent.

The public transcript reveals a situation where the Chief Justice of the Supreme Court is suspected of submitting to power and aiding the impeachment of judges. The Chief Justice’s lies, which should be a symbol of honor and trust, shamed Korea. Abraham Lincoln said, “If you want to know a person’s nature, give him power.”

What is the judiciary to the Chief Justice of the Supreme Court now? What is justice and rule of law? The truth is only fear of concealment. It should no longer be a stumbling block for the trust of the judicial system and the honor of the members of the judiciary. Knowing when to stop is the foremost of wisdom.

Attorney Kim Jong-min, former Gwangju District Prosecutors’ Office, Suncheon District Officer

※ External handwriting contributions may differ from the editorial direction of this magazine.