④ Lee Ki-su, President of the Korean Law Academy, on the Rule of Law
Dichotomous Thinking That Brands the Other Side as "Evil" Prevails
"Rule by Law" That Treats Law as a Tool Must Be Rejected
We Must Reaffirm the Constitutional Spirit of "Liberal Democratic Basic Order"
Lee Ki-su (80), President of the Korean Law Academy (former President of Korea University), always carries a constitution booklet with him. After retiring as President of Korea University, a frequent topic of his lectures is "The Value of the Republic of Korea, The Value of the Korean Constitution." He said that a life detached from the spirit of the constitution is unthinkable. On the 8th, Asia Economy listened to the earnest advice of this senior scholar and educator, who has devoted his life to law and education, at the Korean Law Academy building in Yongsan-gu, Seoul.
President Lee pointed out that the greatest responsibility for the crisis facing the Republic of Korea lies with the political circles that have fallen to the "fifth-rate" level, stating, "Formal legalism that accepts rule by law rather than the rule of law dominates politics." He said that "pseudo-legalism" is rampant.
He added, "Regardless of party, they shamelessly make so-called 'double standards' claims," and urged, "Do not forget that even during the highly factionalized Joseon Dynasty, there was the spirit of Tangpyeong (political reconciliation)." He also did not forget to suggest that "from elementary and secondary schools, the spirit of the constitution based on liberal democracy and market economy should be taught."
![[From Conflict to Harmony] Director Lee Gisu: "Formal Rule of Law Prevails, Undermining Constitutional Spirit... Political Sphere Bears Great Responsibility"](https://cphoto.asiae.co.kr/listimglink/1/2025041010011614277_1744246876.jpg)
On the 8th, Lee Ki-soo, President of the Korean Law Academy, held an interview with Asia Economy at his office in Yongsan-gu, Seoul, stating, "The political sphere should not be ashamed of its own mistakes and only attack the faults of the opposing side." Photo by Jo Yong-jun
The following is a Q&A.
-What is the root cause of our society's crisis, and where should healing begin?
▲The value system, which is the standard for judging right and wrong, has collapsed. The criteria distinguishing justice and injustice, good and evil, have been damaged, and a dichotomous thinking prevails where one's own side is justice and good, and the opposing side is injustice and evil. The greatest responsibility lies with our political circles that have fallen to the "fifth-rate" level. Social problems cannot be solved by simple dichotomous thinking. Article 10 of the Constitution stipulates that "all citizens of the Republic of Korea shall have the dignity and value as human beings and the right to pursue happiness." If my side is precious, then the other side must also be considered precious. Society's members should cultivate the spirit of empathy (yeokjisaji, 易地思之) from an early age through efforts in family, school, society, and religion. It is only natural that the political circles awaken and leaders lead by example.
-As you mentioned, 'gladiator politics' that do not acknowledge the other side continue. The periodic impeachment crises are also part of this trend.
▲Politics is the art of dialogue and compromise. However, at some point, our political reality has become dominated by behavior that does not see the other side as a dialogue partner but solely as a target to be defeated. Mencius said that the sense of shame and dislike (suoji-sim, 羞惡之心) is the beginning of righteousness (義). The Bible also says, "Why do you look at the speck of sawdust in your brother’s eye and pay no attention to the plank in your own eye?" (Luke 6:41). One must first be ashamed of one's own faults. Instead of only attacking the other's faults, the political circles must return with a patriotic and loving heart. Even during the highly factionalized Joseon era, there was the spirit of Tangpyeong (political reconciliation).
-Many legal professionals have entered politics. However, 'judicialization of politics' and 'politicization of the judiciary' are intensifying.
▲Legal professionals, who should embody the ideal of the rule of law, instead take formal legalism for granted, which is rule by law rather than the rule of law, meaning they use laws to benefit their own groups. Legal professionals must never use laws to dominate the people. Rather, they should use the law to restore rights to the people who have lost them. This is the spirit of fulfilling the responsibilities and duties that come with freedom and rights, as stated in the preamble of the Constitution. Regardless of party, everyone must reflect on themselves. Law professors, including myself who have trained these legal professionals, bear some responsibility. Even if the principle of majority rule dominates, laws must always be made by listening to minority opinions and through dialogue and compromise to protect the rights of all citizens. The legislative rampage by the opposition party, which pushes through laws by majority power, deserves criticism, but the ruling party's responsibility for only pointing out the opposition's faults is not light either. Legal professionals in all sectors of society must return to the constitutional spirit of "strengthening the free democratic basic order based on autonomy and harmony."
-Alongside the rise of extremism and political polarization, our society is also experiencing ideological, generational, and class polarization and conflict. How should this be resolved?
▲It is time for a moral rearmament movement. Family education and school education must be properly established. I believe it is necessary to create a social atmosphere that distinguishes between "difference" and "wrong" and accepts that those who think differently are not wrong. I miss leaders like Seongcheol Sunim and Cardinal Kim Soo-hwan, who illuminated the path our society and country should take during the military dictatorship era.
-Some talk about 'constitutional amendment' as a starting point for conflict resolution and integration.
▲The current constitution was revised through the June Struggle of 1987, pledging to "secure the safety, freedom, and happiness of ourselves and our descendants forever" (preamble). At that time, to check the authoritarian rule of the president, the power of the National Assembly was strengthened by abolishing the president's power to dissolve the legislature, but nowadays, there is much criticism that the legislature is engaging in legislative rampage. I point out that the problem lies more with the political circles operating the constitution than with the constitution itself. However, it is time to review whether the five-year single-term presidency, created to prevent long-term rule with staggered terms for the president and National Assembly members, suits Korea today after 40 years. Especially, it is necessary to examine a system that fits the spirit of separation of powers, which is mutual checks and balances. I sincerely hope that the next president will be a respected Korean citizen who faithfully fulfills the presidential duties solely for the nation and the people. The "president is the head of state and represents the state to foreign countries" (Article 66, Paragraph 1 of the Constitution), and "is elected by the people through universal, equal, direct, and secret ballot" (Article 67, Paragraph 1 of the Constitution).
-You are an authority on commercial law. Conflicts over amendments to the Commercial Act are also growing. What is a realistic and reasonable solution?
▲From the perspective of the coherence of the macro legal system, I think it is premature to add "shareholders" or "major shareholders" as subjects of the duty of loyalty. Under current law, it is problematic to view the duty of care and the duty of loyalty as heterogeneous. Adding shareholders as subjects of the duty of loyalty beyond the company itself is conceptually and conditionally ambiguous and has unpredictable effects. In such a situation, adding shareholders as subjects of the duty of loyalty would cause interpretive distortions. It is desirable to address this first through amendments to the Capital Markets Act, a special law mainly targeting listed companies.
-There are also many controversies surrounding economic-related laws beyond the Commercial Act.
▲Conflicts between conservatives and progressives in the process of reforming related laws will inevitably continue. However, the point to be cautious about is that each camp should not be overly concerned with votes but should take a macro perspective to consider what laws and systems are truly necessary for our society and propose alternatives. A broad perspective and a mindset that prioritizes the people are required.
-What efforts are needed to spread public awareness of democratic basic order and the rule of law?
▲I think it is necessary to teach the history of the founding of the Republic of Korea and the basic spirit of the constitution based on liberal democracy and market economy from elementary and secondary education. Many citizens suffer disadvantages due to ignorance of the law, and it is time to recall the Roman legal maxim "ignorance of the law excuses no one (ignorantia juris nocet)." More importantly, social leaders must lead by example in observing the law with a spirit of compliance. Looking at the confirmation hearings of our National Assembly, it is a reality that many social leaders have violated the Resident Registration Act (false address registration), Road Traffic Act (unlicensed driving, drunk driving, etc.). How can they tell citizens to obey the law under such circumstances? I sincerely hope that the awareness that obeying the law brings benefits and breaking the law causes losses will spread, leading to a society where fairness and common sense prevail.
-I would like to ask about practical legal issues. AI (artificial intelligence) has also entered the legal field.
▲Generative AI, blockchain, fintech, autonomous vehicles, and big data-related issues are greatly impacting our society and daily life due to technological advancements. As technology progresses rapidly, legal systems must respond appropriately. AI now significantly affects the legal field. The Supreme Court is reportedly building systems using AI. It is not a time to watch from the sidelines but to actively utilize AI in the legal domain. We must humbly accept that Korea lacks AI development personnel and efforts compared to advanced countries like the United States. While supporting innovation driven by technological change, the legal system must respond so as not to cause reverse discrimination in existing areas. It would be good to boldly ease existing regulations so that companies and citizens can equally enjoy the benefits of technological progress.
![[From Conflict to Harmony] Director Lee Gisu: "Formal Rule of Law Prevails, Undermining Constitutional Spirit... Political Sphere Bears Great Responsibility"](https://cphoto.asiae.co.kr/listimglink/1/2025041010154114316_1744247741.jpg)
On the 8th, Lee Ki-su, President of the Korea Law Academy, emphasized the importance of constitutional education starting from elementary and secondary education during an interview with Asia Economy at his office in Yongsan-gu, Seoul. Photo by Jo Yong-jun
Who is Lee Ki-su, President of the Korean Law Academy
During his tenure as President of Korea University, he was famous as a CEO-type president with a "big brother leadership" style. He was so warm-hearted that he could not refuse juniors' requests to officiate weddings, having officiated 246 couples as a professor before becoming president. He earned his doctorate from the University of T?bingen in Germany and was appointed as a professor at Korea University in 1984, serving as Dean of the Law School and Graduate School of Law before serving as the 17th President of Korea University from 2008 for three years.
His leadership roles in academic and legal organizations are countless. Notable positions include President of the Korean Commercial Law Association, Korean Insolvency Law Association, and the Korean Arbitration Association. He also served as Chair of the Supreme Court Sentencing Commission. Since October last year, he has been co-chair of the National Elders Council, truly a senior figure in our society.
The Korean Law Academy holds the Korean Lawyers' Conference biennially and publishes the bimonthly academic journal "Justice." President Lee dreams of expanding next year's Korean Lawyers' Conference into a World Lawyers' Conference, co-hosted with legal organizations from the Americas, Europe, and Asia. With his drive, nothing seems impossible.
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