[Opinion] Prosecutor Impeachment and the Restraint of Power

Here, it’s impeachment; there, it’s impeachment. Prosecutors face impeachment, the Broadcasting and Communications Commission chairman faces impeachment. There’s talk of judge impeachment and even presidential impeachment. The word ‘impeachment,’ which once sounded grave, has somehow become commonplace. Now, ‘demonizing the opponent’ is a constant in Korean politics. Instead of striving to do well myself, the focus is on tearing down the other side. As a result, the primary criterion for choice has become ‘not because I like this party but because I dislike that party’ or ‘not because I like this person but because I dislike that person.’ ‘Compromise and cooperation’ have become words found only in textbooks. Those who speak of ‘compromise’ have no place to stand. For a while, a strong confrontation between the ruling and opposition parties seems set to dominate Korean politics. Though I don’t want to admit it, looking at the current political behavior, I think I must accept it. If this is a change in politics, then it is indeed a change.

Come to think of it, political polarization and extreme politics worsening is not a problem unique to our country. Especially recently, economic difficulties combined with backlash against immigration and globalization have swept the world with far-right politics. Examples include Giorgia Meloni’s election as Italy’s Prime Minister in 2022, the far-right party’s landslide victory in last year’s Dutch general election, and the National Rally becoming the largest party in France’s general election on the 30th of last month. The U.S. presidential election is also coming up this November. Donald Trump, who was impeached twice by the House during his term, is reemerging. Globally, countries are being drawn into flows of nationalism and extremism. The rise of the far right signals a resurgence of the far left, and vice versa.

Even so, the recent trend of impeachment reaching prosecutors seems excessive. ‘Impeachment’ should function as a last political resort used only in truly unavoidable cases. Otherwise, there is a risk of entering an endless ‘vicious cycle of impeachment’ where power is flaunted based on numerical superiority. This would make it difficult to govern normally. Since the world turns and the ruling and opposition parties’ situations can change anytime and in any way, what if impeachment repeats each time? It’s a scenario too unpleasant to imagine. When the country is chaotic and lacks stability, it is the weak, not the strong, who suffer.

Of course, ‘impeachment’ can be done. It is a legal institution, so if the grounds are met, it can be carried out. But first, it is necessary to carefully examine whether the conditions are met. Article 65, Paragraph 1 of the Constitution states, ‘When a public official prescribed by law violates the Constitution or law, impeachment can be proposed.’ First, it must be thoroughly reviewed whether there was a violation of the Constitution or law. Also, it says ‘can be proposed,’ not ‘must be proposed.’ In other words, even if there is a violation, it must be considered whether it is serious enough to warrant impeachment. This reflects the spirit of our Constitution, which is based on the principle that impeachment should not be abused. It must be a truly exceptional case, and impeachment should not be used simply because of incompetence or dislike.

The Democratic Party of Korea drew the impeachment sword against four prosecutors on the 2nd. These were prosecutors who investigated allegations surrounding former leader Lee Jae-myung and the Democratic Party, including the Daejang-dong, Baekhyeon-dong, and North Korea remittance cases. ‘Suspicions’ such as ‘allegations of witness tampering’ and ‘private transactions’?which are not confirmed facts but disputed issues?became grounds for impeachment. The evidence supporting ‘serious legal violations’ is weak. The Democratic Party should consider why it is being criticized for ‘abuse of legislative power.’ What those in power need is not to wield power recklessly but to exercise restraint.