[Viewpoint] The Pitfalls of Majority Rule

Cho Hee-jin, Chief Attorney at Dambak Law Firm

As social distancing measures show no sign of easing amid the novel coronavirus infection (COVID-19) crisis, watching movies or dramas at home has become a daily routine. What strikes me while watching films is how many movies deal with realities similar to what we are currently experiencing. Whether it is pandemic-themed movies like "Contagion," "I Am Legend," and "Kingdom," or dramas focusing on state power and terrorism such as "House of Cards," "Designated Survivor," and "Homeland," it feels as if we are watching our present reality. These stories, based on fiction or seemingly implausible plots, can no longer be dismissed lightly given the unusual state of affairs these days.

Following the presidential impeachment and investigations into deep-rooted corruption, which deepened ideological and factional conflicts, the COVID-19 crisis has had a tremendous impact across all sectors of society. In the general election held amid the unprecedented fear of the COVID-19 pandemic, the ruling party won by an overwhelming majority. It seems that voters’ psychology, emphasizing the need to unify national opinion during a crisis like COVID-19, played a significant role.

It is understandable to empathize with the government managing a country in crisis due to COVID-19, and it is also reasonable that, in difficult times, the collective interest should take precedence over individual positions. However, no matter how severe the crisis, sacrificing individual freedoms, human rights, and democratic values for the sake of the whole is not inherently right or justified. Under the banner of preventing the spread of COVID-19, constitutionally guaranteed liberal democratic values, individuals’ rights to freedom and privacy, and freedoms of the press and assembly are being sidelined. The public is led through major policies and legislation such as nuclear power plant shutdowns, the High-ranking Officials’ Crime Investigation Office (HOCI) Act, the Lease Protection Act, the Anti-discrimination Act, the Basic Income System, and the Basic Asset System without fully understanding what these mean for individuals, what costs and sacrifices they demand, and without proper debate, persuasion, or compromise.

The principle of majority rule is one method of democratic decision-making. While unanimous agreement is the ideal, it is practically impossible, so majority rule is applied as a second-best option. The principle assumes that the judgment of the majority is more rational than that of the minority. It is based on the idea that "collective intelligence might be better," but majority rule is not always correct. History has shown many cases where minority opinions were ignored, leading to mob rule. Because of the risk of tyranny by the majority, reasonable procedures that minorities can accept are necessary. Respecting minority opinions and engaging in dialogue and compromise on an equal footing with the minority is important.

There are many fundamental constraints in applying the principle of majority rule. For example, it cannot be applied to value systems such as personal beliefs, ideologies, or philosophies. Matters concerning scientific knowledge or understanding are also not subject to majority rule decisions. Furthermore, to follow the majority rule principle, discussions based on the free will of members must take place. While majority rule can resolve issues quickly and easily, it does not mean that the majority is always right or good. If matters that should not be decided by majority rule are pushed through by citing greater electoral support, dismissing vehement minority opposition, it constitutes an abuse of the majority rule principle.

For majority rule to be established as a democratic decision-making method, sufficient dialogue and debate are necessary. Even if a decision is made by majority rule, the minority opinions opposing it must be respected. Not all majority opinions are necessarily correct, and democracy begins with equally respecting diverse thoughts and opinions. It is urgently necessary to establish systems to overcome the pitfalls of majority rule.

Cho Hee-jin, Representative Attorney at Law, Dambak Law Firm