"Democracy Cannot Develop Without Tolerance and Restraint... The Core of the Impeachment Ruling"
Explaining 'The Path of a Legal Professional' Through Spirit, Creation, and Communication
One day before his retirement, Moon Hyung-bae, Acting Chief Justice of the Constitutional Court, gave a special lecture on 'The Path of a Legal Professional' at Inha University.
On the 17th, Acting Chief Justice Moon explained the path that legal professionals should take, dividing it into Spirit (Hon), Creation (Chang), and Communication (Tong), in front of students taking the course 'The Path of a Legal Professional' at Inha University School of Law.
Regarding 'Hon,' Moon emphasized the need to constantly reflect on "Why did I want to become a legal professional?" He borrowed the words of American thinker and poet Ralph Waldo Emerson, stressing that if one adopts the mindset that by being here now, even a single person's life is made happy, that is success.
For 'Chang,' he defined it as originality and appropriateness. He shared experiences with students, including a case where the conclusion changed after an on-site inspection in a building permit cancellation case, and another where the audience in the courtroom acted as jurors to deliberate and the parties accepted the resolution, facilitating mediation. Regarding 'Tong,' he explained it as breaking through blockages and allowing things like water to flow. He added that a listening attitude and expressing one's intentions clearly are important.
He then introduced the history of the Constitutional Court and constitutional adjudication cases, stating that the constitution should become a norm for daily life. After the lecture, he also shared his reflections on the impeachment trial of former President Yoon Seok-yeol through a Q&A session.
When asked about the direction our society, which has experienced division and confusion in recent months, should take to grow, Acting Chief Justice Moon said, "Tolerance and restraint," explaining that "Tolerance is respect for those with differing opinions, and restraint is the appropriate use of power by those who have it. Without tolerance and restraint, democracy cannot develop."
He added, "Some say that impeachment is the opposition party's authority and that there is no problem with that, and then ask if martial law is not the president's authority. There is no answer in that way," continuing, "Whether tolerance and restraint have been exceeded or not?so far, impeachment has not exceeded them, but martial law has, according to the Constitutional Court's judgment."
He also shared his thoughts on integration and the impeachment motion against former President Yoon Seok-yeol. Acting Chief Justice Moon said, "The rights applied to the opposition party should also apply to the ruling party, and the restraint recognized for the ruling party should also be recognized for the opposition party for integration," adding, "How can there be integration if the principles applied to me and those applied to you are different?" He then said, "Let's try to uphold that integration; that is the title of the impeachment ruling," and noted, "That's why it took so much time."
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