![[조강수의 직격인터뷰] The head of the judiciary is noticing politics, this is the new judicial nongdan](https://pds.joins.com/news/component/htmlphoto_mmdata/202102/19/ec70fd14-f903-4a6c-bea1-c8cdfc0350b1.jpg "[조강수의 직격인터뷰] The head of the judiciary is noticing politics, this is the new judicial nongdan")
Elderly constitutional scholar Heo Young who said bitterness to the president
Writer Cho Kang-soo
The headwind of impeachment proceedings for the first vice-president judge in the history of the constitution are raging in the judiciary. After Im Seong-geun, chief judge of the Busan High Court, released a transcript of the conversation about his resignation with Supreme Court Chief Kim Myung-soo in May last year, the chief justice of the Supreme Court was in trouble due to false clarifications and suspicions of impeachment transactions. It even came out that’the person who should be impeached is rather the Chief Justice of the Supreme Court’. Kim Myung-soo, who dismantled Yang Seung-tae’s judiciary, is also sinking like this? How did you come to this point? Heo Young (85), an authority on constitutional studies, was asked about the diagnosis and solution from the chair professor at Kyung Hee University Law School.
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He was teaching constitutional studies at a German university and then returned to Korea in the 1980s, when the military government was in turmoil, advocating a new perspective on constitutional studies, the’fairy tale’ theory of integration. Through his book 『Constitutional Theory and Constitution』,’The Constitution is a value order for the assimilation of the people. In order to realize the basic rights of the people, power was temporarily delegated to the governing body, and there is a limit of state power.’ It objected to the Yushin Constitution and the’decisionism’ that was used to justify the authoritarian regime’s dictatorship (the constitution is a political decision made with the consent of the majority of the people, and the view that the majority of decisions are all right).
An elderly constitutional scholar presented an untact interview saying he was worried about the spread of Corona 19. His e-mail replies were sound and his voice was clear and clear. Based on his constitutional philosophy, he criticized President Moon Jae-in’s state rule and’unconstitutional conduct’ without hesitation. The private relationship between seniors and juniors in law school at Kyunghee University was colorless. I started digging into the pending issue.
In an untact interview with this magazine on the 14th and 15th, Heo Young, a chairman at Kyunghee University, pointed out that “The current government’s biggest mistake is to skip the procedures set by the Constitution and laws in the process of making election pledges national policy.” “It’s hard to pick just one because the ignorance is total.” The photo shows Professor Heo who opposes the 2018 Blue House amendment bill. Reporter Oh Jong-taek
- How do you view the resolution of the National Assembly’s impeachment prosecution by Deputy Judge Seong-geun Lim?
- “It’s just a show-style political act with no justification in the process, procedure, and reason. The only reason for the prosecution is that there is an expression’unconstitutional act’ in the sentence of Judge Lim, who was found not guilty by the first trial. However, the explanation of the reason for the judgment is only the process of argumentation to elicit the order, and the order is the core of the judgment and the conclusion. It is legally nonsense to use one phrase in the explanation of the reason for the judgment as the ground for impeachment. Not even giving the party to the impeachment an opportunity to clarify is contrary to the principle of due process.”
- Are you convinced of the reason for the Supreme Court’s refusal to accept the resignation?
- “Under the Judge’s Disciplinary Act, Lim is not subject to refusal to accept the resignation. In particular, the remarks that the Supreme Court chief refused to accept the resignation and said that it was due to the discussion on impeachment by the National Assembly (in fact, the Democratic Party together with the Democratic Party) raise doubts. It is a serious deviation from which character and qualities are questioned. It is an unconstitutional action that violates the independence of the judiciary and the independence of the judges that the head of the judiciary decides whether or not to accept the resignation of the judges with the attention of the political world. It is the first abuse of the judicial administration authority in constitutional history. That is the’new judicial nongdan’. Since it is an offense for political reasons and self-confidence, it is a reason for impeachment. What is the reason why Judge Lim’s 153 members of the Judicial Research and Training Institute issued a statement criticizing the Chief Justice and 155 attorneys from various fields volunteered for the impeachment trial delegation? The judiciary’s delegation must also reveal its position, but it does not budge. This is the current state of the politicization of the judiciary.”
- What is your view on the so-called’Judongnongdan’ investigation
- “For the first time in the history of the constitution, has the former Supreme Court chief arrested for the crime of abuse of judicial administration authority and threw more than 100 judges as prey for the prosecution investigation, and the judiciary got better? Rather, there are many evaluations that it has regressed. Isn’t the goal of “eliminating the judicial nongdan power” that Supreme Court Chief Kim pushed in accordance with President Moon’s will, eventually, to replace the mainstream power of the judiciary. It is nothing but the politics of judicial politics and the taming of judicial justice, which is similar to that of the Joseon Dynasty. In recent years, the judicial nongdan case has been convicted in courts, and the substance is being suspected. Impeachment impeachment proceedings for Deputy Chief Judge Im are difficult to interpret other than a threat and warning from the government and the ruling party to judge other judges.”
- If you evaluate the Moon Jae-in government’s judiciary.
- “It is the most biased composition in the history of the Supreme Court since the Civil Government, filled with’Code Supreme Court Justices’. Therefore, the bias in which judges belonging to the ideological organization of the Korean Law Research Association or the International Human Rights Law Research Association occupy important positions in the judiciary is stronger than ever. The recent judiciary’s greetings also came from that extension. The politicization of the judiciary will be recorded as a representative period of deepening.”
- Do you agree that “a trial that fits the people’s perspective is a good trial”?
- “What it means is important. The German Constitutional Court and all courts state that when condemning their judgments, “in the name of the people (Im Namen des Volkes) they decide: This means a trial consistent with the common sense of the people. It is not a trial based on public opinion. The trial should be free from public opinion and only the result of judicial judgment. However, it is unfortunate that the Supreme Court has been conducting a politics of criticism. This is the case with Seongnam Mayor Eun Soo-mi and Gyeonggi Governor Lee Jae-myeong. It is fortunate that in the disciplinary case of the Prosecutor General Yoon Seok-yeol, the front-line judges showed what’the rule of law’ is regardless of the camp. I think it was a struggle in the field to prevent the politicization of justice.”
- The direction of judicial reform in the future?
- “It should be a direction to strengthen the independence of jurisdiction. To do so, the prerequisite is to check the president’s arbitrary code personnel rights so that the election of the Chief Justice and the Supreme Court justices is carried out in a neutral body. The Chief Justice’s right of judicial officers also needs a practical check. The circle of ideology in the court, which is incompatible with the function of an ideological-neutral trial, must be dismantled immediately.”
- What is your view on the reform of the prosecution?
- “Like judicial reform, the prosecution reform that the people want is to build a system that allows the right to be investigated and prosecuted in a fair and equitable way, independent of political power. However, the government took the power of the prosecution to control the investigation of living power and the exercise of prosecution. The stolen authority was handed over to the’faithful dog’ police and unconstitutional airlift. It is also pushing ahead with the establishment of a serious crime investigation office to deprive the right to investigate the six major crimes that have been left behind. After all, the essence is to neutralize the prosecution and take control of the prosecution. The idea itself is unconstitutional.”
- What is the problem with this government’s governance method and policy implementation?
- “In a word, I don’t seem to have any will or sense of constitution. In order to realize election pledges such as the shutdown of nuclear power plants as a national policy, legal procedures must be followed and deliberation by the State Council. The state council was passed and the administration of the state was managed mainly by the Blue House staff. The process of legalizing election pledges was omitted. The president pushed it with a word. To compare with the claim that’the Moon Jae-in administration has no temple DNA’ (former spokesman Eui-gyeom Kim), there was no constitutional DNA in the first place. The root of the problem is an illegal structure of consciousness in which the rule of law has been lost. As a result, President Moon has become an imperial president who has criticized himself so much and reigns over three volumes (legislation, judicial affairs, and administration). The legislative branch of the National Assembly became a subordinate body, and the judiciary and the Constitutional Court were filled with code aides, completely breaking the framework of checks and balances between the three volumes.”
- What is the most unconstitutional act of governing?
- “It’s very comprehensive, so it’s difficult to pick up (either one).”
- Some argue that there are more reasons for President Moon’s impeachment than former President Park Geun-hye.
- “To agree. The reason for the impeachment of former President Park is summarized as’Choi Soon-sil Gate’. On the other hand, isn’t President Moon receiving any reasonable suspicion that he is directly or indirectly involved in various power-type corruption cases such as the Ulsan mayoral election intervention case?”
- Any advice to the current government?
- “We must boldly break away from the self-righteous governing behavior that has been shown so far. I recommend reading the inaugural address once every morning and asking yourself. I’m saying,’Is it making my country like a country?”Are you realizing equality, fairness, and justice?”Can you remain proud of the people?’ Above all, the president must clear the divisional politics of the side and escape from the fandom politics and become the president of all. Only such metamorphosis will be a means of ensuring safety after retirement.”
Writer Cho Kang-soo