[Lee Tan-hee Talks About the Judiciary] "Impeachment of Judges Involved in Judicial Scandal Is the First Goal... Judges Must Abandon Their Illusions"

Former judge Itanhee, recruited by the Democratic Party of Korea ahead of the April 15 general election, is being interviewed on the 19th at the Democratic Party headquarters in Yeouido, Seoul. Photo by Jinhyung Kang aymsdream@

[Asia Economy Reporter Park Cheol-eung] "In 2017, I submitted my resignation and endured all kinds of baseless suspicions and slanders for over two years. The moment I decided to participate in politics and try it myself, I anticipated what kinds of slanders and suspicions would arise again, and so I said I was afraid."

Former judge Lee Tan-hee, recruited by the Democratic Party of Korea, met with first-term Democratic Party lawmakers such as Park Joo-min and Pyo Chang-won last fall. What moved his heart was Pyo's words. Lee said, "'Isn't that a self-centered thought?' he said. That really left an impression on me. Ultimately, as the trial results of judges involved in judicial corruption came out, I made up my mind. I thought that avoiding it would leave a lot of regrets later," he reflected.

Lee was the first to reveal the judicial corruption allegations to the public. However, recent related trials have repeatedly resulted in acquittals. In an interview with Asia Economy on the 19th, Lee said, "'There was interference in the trial, but it did not affect the outcome'?this kind of reasoning is very contrary to the common sense of the people," adding, "There is a saying that law is at least common sense, so legal principles that align with common sense must be established."

He emphasized that the core issue is not criminal trials but the impeachment and disciplinary actions against judges. Lee said, "It is a constitutional violation and a breach of professional ethics, and the mechanisms established in our legal system to address this are impeachment and disciplinary actions," adding, "Looking at the charges, they are not directly aimed at interference or deals in trials but at individual acts that occurred during the process. To use an analogy, theft is the core issue, but they were charged with trespassing."

He continued, "If the homeowner was deceived into opening the door, acquittal could result. If acquittals come out in criminal trials, these people will act as if they are victims of a witch hunt. It could be as if justice and injustice are reversed, and perpetrators and victims are switched."

He believes that impeachment led by the National Assembly against judges is the key. Lee said, "Disciplinary actions can be taken by the Chief Justice, but when 60 judges' misconducts were reported, only 10 were disciplined, and the rest were given a clean slate," adding, "If more than half of the members of the National Assembly agree, they can initiate prosecution, and then the Constitutional Court will start the trial."

Former judge Itanhee, recruited by the Democratic Party of Korea ahead of the April 15 general election, is being interviewed on the 19th at the Democratic Party headquarters in Yeouido, Seoul. Photo by Jinhyung Kang aymsdream@

He considers this the first task if he enters the National Assembly. He stated, "Former Chief Justice Yang Sung-tae has retired, so among the current judges, those whom the public can agree with and who are appropriate to set professional ethics standards should be examined. Of course, judges involved in judicial corruption," he emphasized.

He also stressed that a prerequisite for judicial reform is to abandon the 'illusion about judges.' Lee said, "The essence of judicial corruption is not the high-level appellate court itself, but that former Chief Justice Yang Sung-tae wanted the high-level appellate court," adding, "It was the reality and culture of the court that judges accepted whatever it took, even if it violated professional ethics and the constitution and caused the parties in trials to suffer greatly. Although they are considered the top elites in our society, when you look inside, they are ordinary people. Future reforms must be designed based on this premise."

Coincidentally, he is running in Gyeonggi Yongin-jeong, the constituency of Representative Pyo. Lee said, "Since he is a politician trusted and loved by many citizens, it would be meaningful for me to carry on his spirit," adding, "This is the first general election after the 'Candlelight Revolution.' We must form a National Assembly that matches the slogan of a 'country worthy of the name.' I am currently making every effort to understand the hearts of voters," he declared.

Below is the full interview.

- How have you been active?

= I have been meeting various people who want to give opinions and those I want to hear from. This includes senior and junior legal professionals, civil society activists, and people who have political experience in the past but not currently. I ask them about their past experiences. I also talk with younger generations about their hopes.

- The public rarely has a chance to meet judges and does not know what kind of people they are.

= There is probably vague trust and vague resistance.

- When did you decide to enter politics? It must have been a heavy burden.

= I only decided in January. Last fall, I met several first-term lawmakers including Park Joo-min and Pyo Chang-won. They said things like, "You have to participate in politics to change the world," "The National Assembly's role is necessary for court reform," and "Those who think it is necessary to continue hope must do it." But I had experienced it. In 2017, I submitted my resignation and endured all kinds of baseless suspicions and slanders for over two years. I anticipated what kinds of slanders and suspicions would arise again the moment I decided to participate in politics and try it myself, so I said I was afraid.

- Yet why did you decide to proceed?

= I still remember what Representative Pyo said then: "Isn't that a self-centered thought?" That really impressed me. Even so, I couldn't decide until January this year, when I felt it would be cowardly to avoid it. The decisive factor was the trial results of judges involved in judicial corruption. Regardless of how I am evaluated, I thought I had to solve something. Avoiding it would leave a lot of regrets later. Even now, I think it was a situation hard to avoid.

- Don't you need political DNA to do politics?

= I have never thought that way. I will tell the people what I think politics is and what I want to do, and I will do it as is. Members of the National Assembly are public officials, and public officials have their duties. In the 20th National Assembly, the number of bills actually promoted by lawmakers can be counted as one or two. Despite much political activity, what remains for the people is the system. I think that is the essence of politics: passing laws.

- Coincidentally, you are running in Representative Pyo Chang-won's constituency.

= The party decided after various considerations, so I accept it and will do my best. Representative Pyo is a politician trusted and loved by many citizens, so if I can carry on his spirit, it will be meaningful for me.

- How did your family react?

= My wife is actively encouraging me. At first, she worried about the children, but these days they understand that their dad is trying to do good. She tells me to be careful not to have my personal information leaked. (laughs)

- To the main point: recent judicial corruption-related trials have repeatedly resulted in acquittals.

= The legal principles of abuse of authority are being newly established. I hope legal principles that align with the common sense of the people are created, but in that regard, it is very regrettable. Especially in the case of Judge Lim Seong-geun, the logic is "It is true that he used his position, but not his authority," and "There was interference in the trial, but it did not affect the outcome." This is very contrary to the common sense of the people. There is a saying that law is at least common sense, so the first thing is to create legal principles that align with common sense.

- Is this a limitation of criminal trials?

= It is a more important point. I have emphasized this throughout the past year. The essence is not criminal trials. It is a constitutional violation and a breach of professional ethics. The mechanisms established in our legal system to address this are impeachment and disciplinary actions. Those must be done. But instead, criminal trials are being conducted. Looking at the charges, they are not directly prosecuting interference or deals in trials but individual acts that occurred during the process. To use an analogy, theft is the core issue, but they were charged with trespassing. If the homeowner was deceived into opening the door, acquittal could result. But that does not change the essence of theft. Trying to solve this through criminal trials is wrong. If acquittals come out, these people will act as if they are victims of a witch hunt. It could be as if justice and injustice are reversed, and perpetrators and victims are switched. That is why I have emphasized for a year: impeachment and disciplinary actions, transparent systems to prevent recurrence, and these three things. The National Assembly must lead.

- Isn't judge impeachment and disciplinary action the judiciary's role? It is done according to the constitution. Can't the judiciary do it?

= Originally, disciplinary actions can be taken by the Chief Justice. But last May, when misconduct of 60 judges was reported, only 10 were disciplined, and the rest were given a clean slate.

- What practical means are available?

= There is judge impeachment. If more than half of the members of the National Assembly agree, they can initiate prosecution. Then the Constitutional Court will start the trial. The trial must be initiated, but the 20th National Assembly failed to do so. The 21st National Assembly must do it. Impeachment has no statute of limitations. At the end of 2018, the Democratic Party and the Justice Party attempted this, but it failed due to non-cooperation from other parties.

- This seems to be a concrete reason for your political participation.

= Yes. I shouted about this for a year but felt the limits. When I decided to participate in politics and said I would pursue judge impeachment, reactions began. Some want to make political participation itself an issue, but beyond that, I realized that judge impeachment, which I have talked about for a year, is becoming a real issue.

- I still find it hard to accept that the judiciary gave up independence because of the high-level appellate court.

= The high-level appellate court is not the essence. The essence is that former Chief Justice Yang Sung-tae wanted the high-level appellate court. There were judges who accepted what he wanted as necessary for the judiciary and were willing to do anything, even if it violated professional ethics and the constitution and caused the parties in trials to suffer greatly. That was the reality and culture of the court. Didn't the state corruption scandal operate in the same way? The lesson from judicial corruption is that judges are just ordinary people. The court is not special. Although they are considered the top elites in our society, when you look inside, they are ordinary people. Future reforms must be designed based on this premise.

- The court is the last bastion. It was generally recognized that judges would be different.

= Looking back at the 1970s, in cases of torture or fabricated political cases, legitimacy was ultimately obtained through judges. Did those judges have great intentions? Probably not. They rationalized that what they could do was limited and just stamped approval. The consequences were enormous. Even though it caused great suffering to the parties, judges might not have felt it that way. It is the same now. Judicial corruption is absurd, but the absurd judges themselves do not think they did something great. Judges are not great beings. We need to abandon such illusions.

- Distrust in prosecution indictments and court rulings has grown. It is a very confusing situation.

= It is a very unfortunate situation. I saw that South Korea ranked last in judicial trust among OECD member countries. It is a very serious problem. For example, it is like a society that does not trust how doctors perform surgery. Then how should we live? Should we just die when sick? How miserable would daily life be? When something happens, there must be trust that it can be resolved in court. If that trust collapses, society itself becomes a battleground. People will think that if they do not enforce by force, no one will recognize or confirm anything.

- The judiciary is also criticized as political.

= When you say judiciary, you think of an organization with a single will, but in fact, there are 3,000 judiciaries.

- Anyway, it must have been difficult to come out of the judge organization.

= I thought about protecting my honor and keeping faith with my colleagues. When I resigned, it was not so much fighting against the judiciary organization as a whole but a moral conviction that no one could criticize me for giving up the so-called 'career path.' That is why I could make the decision. But afterward, a big fight broke out. Many people tried to prevent the truth from coming out, and I had to fight against them. Not avoiding and fighting to the end was very important. It was not intentional, but when the situation arose, I realized I must not avoid it. It was a great lesson.

- Impeachment of corrupt judges by the National Assembly will not be easy.

= There will be people trying to belittle it as actions based on party interests. We must stand against them. Establishing professional ethics and informing and persuading the public that the Constitutional Court must decide this are important roles I must play. It is the first task if I enter the National Assembly.

- The Judicial Administration Committee is also a key task.

= It is about changing the judicial administration system, monopolized by judges, to one involving various social forces. For example, in disciplinary cases, if the Chief Justice gives a clean slate, no matter how angry the public is, it is hard to complain. In most advanced judicial countries, decisions are not made exclusively by the Supreme Court or judges but by committees involving various social forces, such as civic groups, the National Assembly, and the executive branch.

- What is the essence of judicial reform?

= Judge impeachment and an open judicial reform organization are the core. Once these two are achieved, it is important to ensure that ordinary citizens can receive trials equally and fairly. Currently, the court's trial and judicial administration procedures are opaque. Also, the court treats some cases very lightly and others very seriously. Small claims cases take only 2-3 minutes per case.

- Generally, people talk about preferential treatment for former high-ranking officials or 'no money, no crime; money, crime.'

= It is severe in South Korea. According to recent statistics, the average case fee for ordinary lawyers and that for high-ranking retired judges and prosecutors within one year of retirement differ by nearly three times. Only wealthy people receive benefits from former high-ranking officials. This happens because trial procedures are opaque. According to the Criminal Procedure Act, trials may have a long preparation period, but once started, trials should be held daily as much as possible. Then the process is revealed, and it is difficult for former officials to influence. Judges ask questions, reveal their thoughts, and give opportunities for rebuttal. But in South Korea, trials are held once, then again after 2-3 weeks, and the verdict date is set one or two months later, sometimes postponed. During that time, it is unknown who the judge meets or eats with. Hearings should be held consecutively, and the process should be recorded by audio. Legalization is needed.

- Who are the targets of judge impeachment?

= Former Chief Justice Yang Sung-tae has retired, so among current judges, those whom the public can agree with and who are appropriate to set professional ethics standards should be examined. Of course, judges involved in judicial corruption.

- What is your view on the prosecution?

= The core of prosecution reform is to correct the image of prosecutors and make the prosecution organization a horizontal legal professional organization. Prosecutors are not swordsmen or investigators. They are legal professionals. When the police investigate and bring cases, prosecutors must decide whether to prosecute as legal professionals. Therefore, the same qualifications as judges are required. Otherwise, why appoint someone who passed the bar exam as a prosecutor instead of an investigation expert? The image of prosecutors must be corrected. If this chaotic process helps transform the prosecution into such an organization, it is meaningful. Significant cases receive concentrated resources and massive investigations, while others do not get attention or resources. Prosecutor Lim Eun-jung accused prosecution executives of dereliction of duty but did not even apply for a search warrant. The same applies to Prosecutor Seo Ji-hyun's case. To ensure fair handling, the prosecution organization needs to become horizontal. Most advanced judicial countries are like this.

- Please tell us the meaning and determination for this general election.

= This is the first general election after the Candlelight Revolution. That is the core. History will record it as the process of reorganizing the public service after the Candlelight Revolution. In that sense, it is time to reorganize the National Assembly. This election must form a National Assembly that matches slogans like "Is this a country?" and "A country worthy of the name." The power to lead social change does not come from a single person with conviction but from people working together. Trust is necessary, and trust comes from understanding each other's hearts. Trying to understand the hearts of voters is the first thing to do.