[The Editors' Verdict] Judicial Impeachment: Broadening the Horizons of Korean Democracy

Park Sang-byeong / Political Commentator

The essence of democratic politics is the principle of checks and balances based on the separation of powers. The level of democratization generally corresponds to the extent to which this principle operates. In a parliamentary system, the legislature is truly the center of politics. However, in a presidential system, it is somewhat different. Due to the excessive power of the president, the legislative power often fails not only to be the center of politics but also to properly perform its checking function. This is exactly the case in South Korea. On the other hand, despite the absurd chaos of the Trump administration in the United States, the normalization of abnormality without greater disaster was possible through the presidential election because of the strong U.S. Congress. This is an example that demonstrated the proper “power of checks.”

Among countries with developed democracies, not many adopt a presidential system. This is because diversity tends to shrink and the temptation of dictatorship always exists. Although South Korea’s democratic system resembles that of the United States in many ways, the status and power of its legislature cannot even be compared to that of the U.S. Upon closer inspection, it is absurd to say that the South Korean National Assembly properly checks the executive branch and the judiciary. It lacks the power, capability, and institutional framework to do so. Moreover, public trust is very low. Outwardly, there is talk of separation of powers and the assembly as the hall of public opinion, but the status of the South Korean National Assembly is lower and weaker than expected. This is a task that must be supplemented and improved for the development of South Korean democracy.

Recently, the issue of judicial impeachment has become a subject of controversy again. This is because lawmakers from the Democratic Party, Justice Party, Open Democratic Party, and Basic Income Party are pushing for the impeachment of judges Im Seong-geun and Lee Dong-geun, who are accused of involvement in “judicial manipulation.” It has been reported that 107 lawmakers have agreed to propose the impeachment so far. Our constitution explicitly stipulates the impeachment of judges by the National Assembly (Article 65 of the Constitution). Therefore, since impeachment is a natural constitutional right of the legislature, there is no reason for it to become a new issue or controversy. It is simply a matter of proposing impeachment based on the constitution and laws and then deciding on approval or disapproval.

However, the fact that it is controversial itself indicates strong distrust and powerlessness toward the National Assembly. This is because there is great skepticism about whether the grounds for this impeachment proposal are appropriate and whether the ruling and opposition parties can actually discuss and decide on it. In the history of our constitutional system, there has never been a single impeachment of a judge by the National Assembly. Impeachment motions were proposed against former Chief Justice Yoo Tae-heung in 1985 and former Justice Shin Young-chul in 2009, but they did not pass the plenary session. In this reality, the “natural” claim that the powers of the National Assembly should be strengthened to broaden the horizon of South Korean democracy cannot gain traction.

Nevertheless, the argument to expand and strengthen the powers of the National Assembly cannot be abandoned. The National Assembly is the driving force of democracy and the elected representative body where the voices of the people can be directly reflected. Therefore, it is hoped that discussions on the impeachment of the two judges will be actively conducted in the National Assembly. It is requested that the Assembly show a solemn attitude by debating and deciding in the plenary session on the grounds for impeachment. Whether the impeachment motion will be passed or rejected is unknown. However, by actively exercising its constitutional powers, the National Assembly should demonstrate that South Korean democracy is functioning properly and, furthermore, that the natural claim for strengthening the powers of the legislature to broaden the horizon of South Korean democracy can gain momentum. For this reason, the National Assembly is urged to take the lead this time.