"If the Public Is Not Persuaded, the Trial Has Failed...
The Judiciary Must Maintain Neutrality"
Concerns have been raised that the controversy over the neutrality of the Constitutional Court could lead to new conflicts and confusion following the impeachment trial results concerning President Yoon Seok-yeol.
On the 13th, the People Power Party's Yeouido Institute held a series of forums at the National Assembly to mark its 30th anniversary, under the theme of "Normalization of State Institutions." On this day, the first session of the series focused on diagnosing the judiciary.
Professor Jang Young-soo of Korea University Law School, who presented at the forum, pointed out that the impeachment trial results for President Yoon could differ from previous impeachment trials. Professor Jang stated, "During the impeachment trials of former Presidents Park Geun-hye and Roh Moo-hyun, the Constitutional Court proceeded cautiously while persuading the public, which helped resolve conflicts," adding, "In contrast, the impeachment trial against President Yoon is problematic from the procedural stage."
On the 17th, in front of the Constitutional Court in Jongno-gu, Seoul, ruling party lawmakers including Kim Ki-hyun, Na Kyung-won, and Yoon Sang-hyun held a press conference before meeting with the Secretary General of the Constitutional Court to urge the minimum guarantee of President Yoon Seok-yeol's right to defense and to condemn unfairness. 2025.02.17 Photo by Yoon Dong-joo
He cited, as a representative example, the controversy over the political neutrality of some justices, including Moon Hyung-bae, acting Chief Justice of the Constitutional Court. Furthermore, there have been ongoing issues raised about the trial procedures, such as claims that the Constitutional Court encouraged the National Assembly's impeachment prosecution team to withdraw the charge of rebellion.
Professor Jang emphasized that for the judiciary to secure fairness, it must maintain neutrality and independence. He said, "Judicial independence is not about granting extraterritoriality to judges but about ensuring fair trials," and pointed out, "Even if judicial independence is institutionally guaranteed, if public distrust in fair trials is high, judicial reform will be justified."
He also mentioned the need for the judiciary to make efforts to persuade the public. Professor Jang stated, "Failing to persuade the public through legal logic is a failed trial," and added, "While it is impossible for all citizens to be satisfied in trials with sharp conflicts of interest, the majority of the public, who are in a third-party position, must be able to empathize."
People Power Party officials attending the forum also expressed agreement. Kwon Young-se, Emergency Committee Chairman of the People Power Party, said, "The Constitutional Court, which should deliver strict and objective rulings, is giving the public the impression that it has predetermined the outcome before the trial," and criticized, "There is nothing more unfortunate than a state institution losing the trust of the people." Representative Choi Hyung-doo of the People Power Party also expressed concern, saying, "Doubts are increasing about whether the judicial system, which sets fair rules for the liberal democratic system, is truly fair and whether the judiciary is upholding due process and the basics of the rule of law."
Finally, Yoon Hee-sook, director of the Yeouido Institute, added, "The Moon Jae-in administration is also responsible for worsening the judicial system through political appointments," and emphasized, "For society to advance to the next stage, we need to think about the future of the judicial system not at the level of discourse but at a practical level."
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