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[Political Reset] Give Constitutional Court Justices the Freedom to Rule

[Political Reset] Give Constitutional Court Justices the Freedom to Rule

Yesterday, while hiking with acquaintances in Gyeonggi Province, I saw trees damaged by wet snow (濕雪, heavy snow containing moisture) from last winter. There were more broken branches than I had expected. In the forest, there were branches scattered around that workers had not yet cleared. The damage seemed greater on trees that were tall with thin trunks and many branches. It suddenly occurred to me that our democracy might be similar to this. South Korea's democracy, which has grown rapidly but remains fragile, is currently experiencing growing pains. Just as branches break under a heavy snowfall, we too are paying a tremendous cost.


Perhaps we are too dynamic, or maybe we think we must control everything without acknowledging the other's share. Sometimes, even if the other side is unreliable, can't we trust and wait for them? This is especially true in our politics. It has been a long time since the opposition was recognized as a dialogue partner. Now, it is not unusual to see heated arguments with raised voices and finger-pointing during meetings. Populist politics has become normalized, and conflicts are becoming increasingly extreme.


The politicization of the judiciary has also become commonplace. Lawsuits and complaints are filed at the slightest provocation. Courts are criticized for their rulings. When a favorable verdict is issued, it is praised as "showing respect," but when an unfavorable verdict comes out, it is attacked as an "irrational ruling." Judges are categorized by ideology and region, and even labeled with colors. The reactions from both ruling and opposition parties to the appellate court ruling on Lee Jae-myung, leader of the Democratic Party of Korea, regarding violations of the Public Official Election Act, are a prime example. At some point, our society began to fragment as the authority of individuals and institutions was dismantled. Individuals and institutions alike have started fighting to survive, fostering a culture of protecting "our side, not us." This is a crisis of democracy and a crisis of the nation. While reading The Principles of Power (by Julie Battilana and Tiziana Casciaro, Rock Media), former French President Fran?ois Hollande's words struck me: "As president, my power was to share. In a democratic society, power is dispersed. Therefore, power is compromise."


The extreme struggles in politics have extended beyond the prosecution and courts to the Constitutional Court, the last bastion of our society. Ahead of President Yoon Suk-yeol's impeachment ruling, it is natural to hear calls to "dismiss" or "reject" the case, but politicians have also been demanding "when the ruling should be made" and attacking constitutional court justices. This has even led to protests in front of certain justices' homes. On the 29th, Park Chan-dae, floor leader of the Democratic Party, at the 17th Nationwide Civic March for Resignation and Social Reform held at Dongsipjagak in Gwanghwamun, Seoul, named specific justices and shouted, "Do not follow the path of the Five Eulsa Traitors." This is a highly inappropriate act that could mislead the public. The political sphere should exercise restraint and wait for the Constitutional Court's ruling. Give the justices the freedom to decide. Trust and wait.


Some speculate that the impeachment ruling might not be delivered before April 18, when Justices Moon Hyung-bae and Lee Mi-seon retire. Such a scenario is hard to imagine and should not happen. If it does, the Constitutional Court's reason for existence will be questioned, and our society will enter a state of anomie. The justices must look beyond the fervor of the public square and focus solely on the Constitution and the people, delivering their ruling before the 18th. What the justices need now is courage to protect the democracy we cherish.


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