[Insight & Opinion] Will Judicial Controversies Be Pushed Aside to Revitalize State Governance?

Trials Suspended Citing Presidential Immunity
Powerless Opposition, Ruling Party Pushes Special Prosecutors
Risks of "Bulletproof Dictatorship" and a Leadership Test

"Will we entrust this country again to those who seek to monopolize everything, suppress others by force, refuse to acknowledge, respect, engage in dialogue, compromise, or communicate with their opponents?the very basics of democracy?but instead seek to eliminate, monopolize, subdue by force, seize power, and create a nation where, as an exception to the rule of law, no matter how grave their wrongdoing, they remain unpunished?"

It may be confusing as to who said this and to whom it was directed. This was a statement made by then-candidate Lee Jaemyung on May 25 during a campaign rally in Asan, directed at the forces of the Yoon Sukyeol administration. The opposing candidate likewise attacked Lee Jaemyung, labeling him a dangerous force of "bulletproof dictatorship." The last presidential election was marked by both sides accusing each other of undermining constitutional order and the rule of law.

Now, the Lee Jaemyung administration has taken office. Having secured a clear mandate through victory in the presidential election, he must now bear and take responsibility for those very concerns. The issue of "those who, by seizing power, seek to create a nation where, as an exception to the rule of law, no matter how grave their wrongdoing, they remain unpunished," as President Lee himself warned, has become an immediate and practical controversy. First is the debate over the suspension of President Lee Jaemyung's trial.

The retrial regarding the violation of election law?which concerns the president's eligibility?was suspended as the court postponed proceedings, broadly applying the president's immunity from prosecution. Other cases, such as the Daejang-dong trial, have also been delayed for the same reason. I believe that Article 84 of the Constitution, which grants presidential immunity, cannot serve as grounds for suspending trials that began before the president took office. Moreover, suspending a trial that challenges the president's eligibility for office simply because he is president represents a reversal of the rule of law, where power dominates law. The example of Trump in the United States is often cited, but in the U.S., except for acts of rebellion or insurrection, there are no federal-level restrictions on eligibility for office.

Just as Article 65 of our Constitution distinguishes between impeachment and impeachment trials, "impeachment" does not include the concept of a trial. Except for additional judicial appeals, there is no way to overturn a court's decision. Whether the decision was made according to the law and conscience, out of arbitrary concern for national turmoil, or under the influence of power is unknown. It appears that amendments to the Criminal Procedure Act and the Public Official Election Act, aimed at defending and exempting President Lee from judicial responsibility, are also being pursued. This is akin to the "Procrustean bed" of arbitrary lawmaking and cannot be called the rule of law.

According to an in-depth exit poll during the presidential election, 63.9% of respondents said that trials should continue even if the candidate is elected president. Despite such public opinion, the trials have been suspended. However, according to a Gallup poll in the second week of June, 70% of respondents expressed expectations that President Lee would perform well. The desperate situation of the opposition party, People Power Party, which serves as the institutional focal point for critics, is also a contributing factor.

Amid the opposition's helplessness and the momentum of the Lee Jaemyung administration, three special prosecutors have been launched to re-examine the abuses of power under the Yoon Sukyeol administration. This could serve as a strategy to divert attention from President Lee's own judicial controversies and as a counteroffensive. However, in a situation where self-restraint of power is difficult, political change through a change of administration remains an inevitable, if imperfect, means of achieving the rule of law, despite concerns of political retaliation. We must be wary of further abuses of power, especially those linked to the proposed special pardons. Only when the principle of "spring wind for others, autumn frost for oneself" is practiced can the vicious cycle of power abuse be broken.

The greatest Achilles' heel of Lee Jaemyung's leadership has been concerns over judicial responsibility and the risk of a "bulletproof dictatorship." Judicial responsibility has been postponed, leaving embers behind. The risk of a bulletproof dictatorship and the test of his leadership have now entered a critical stage. The public's future assessment of the administration's actual governance and policy achievements may either extinguish or fan those embers.

Kim Manheum, Former Chief of the National Assembly Legislative Research Office