[2020 National Assembly Audit] "Progressive Constitutional Court Justices Agree 72% on Unconstitutional Cases"

[Image source=Yonhap News]

[Asia Economy Reporter Lee Ji-eun] Since President Moon Jae-in's inauguration, constitutional court justices recommended by the ruling party and groups such as the Uri Law Research Association, the International Human Rights Law Research Association, and the Minbyun have mostly reached the same conclusions in Constitutional Court decisions.

According to an analysis based on data titled 'Status of Constitutional Court Unconstitutionality and Acceptance Decisions from President Moon Jae-in's Inauguration to Present,' submitted by the National Assembly Legislative Research Office to Yoon Han-hong, a member of the National Assembly Judiciary Committee from the People Power Party, five justices?two from the Uri Law Research Association (Justices Yoo Nam-seok and Moon Hyung-bae), two from its successor, the International Human Rights Law Research Association (Justices Kim Ki-young and Lee Mi-seon), and one former Minbyun president (Justice Lee Seok-tae)?issued the same opinion in 16 out of 22 unconstitutionality cases they handled together.

These five justices jointly ruled that Article 65, Paragraph 1 of the National Public Officials Act, which restricts teachers from forming or joining political organizations, infringes on the freedom to establish and join political parties, declaring it unconstitutional. As a result, elementary school teachers and others can now form or join political organizations. Additionally, they jointly declared unconstitutional Article 8-5, Paragraph 6 of the Public Official Election Act, which prohibits candidates from posting columns under their names on internet media outlets within 90 days before an election, stating it infringes on freedom of expression. Critics argue this decision favored certain public office candidates advantaged by the internet media environment.

Representative Yoon stated, "Since these five justices presented the same opinion in over 72% of the cases they handled together, there are concerns that this leads to uniformity in rulings and that progressive left-wing conclusions on social issues can be anticipated even before the trials." He further pointed out, "In contrast, among cases handled by three justices recommended by the People Power Party (formerly the Liberty Korea Party) and the former Bareunmirae Party, the same opinion was issued in 13 out of 30 cases, showing differing opinions in about half of the cases."