Moon Hyungbae: "Impeachment Decision Reflects Souls and Sweat of Eight Justices... 'Thanks to Citizens' Resistance' Was Finalized First"

Moon Hyungbae, Former Acting Chief Justice of the Constitutional Court, Interviewed on MBC Radio
"There Was No Disagreement Regarding This Expression"

Moon Hyungbae, former Acting Chief Justice of the Constitutional Court, stated that the Constitutional Court’s impeachment decision against former President Yoon Sukyeol "reflects the souls and sweat of all eight justices."

Moon Hyungbae, former Acting Chief Justice of the Constitutional Court, is delivering his retirement speech at the retirement ceremony held on April 18 at the Constitutional Court in Jongno-gu, Seoul. Photo by Jo Yongjun

Appearing on MBC Radio’s "Kim Jongbae’s Focus" on the 23rd, Moon said, "We thoroughly discussed not only the reasoning but also each and every word in the decision, debating and finalizing the wording."

Regarding the section of the decision stating, "The National Assembly was able to swiftly adopt a resolution demanding the lifting of martial law thanks to citizens’ resistance and the passive performance of duties by the military and police," Moon explained, "The respondent (former President Yoon) claimed from the outset that he never intended to prolong martial law, and therefore argued that impeachment was unwarranted. However, from our perspective, if citizens had not resisted, and if the military and police had actively carried out their duties, the lifting of martial law would not have been easy. That is the intent behind this wording, and there was no disagreement among the justices regarding this expression."

When asked by the host, "Which justice wrote this sentence?" Moon responded, "I believe it was probably the presiding justice (Justice Jeong Hyungsik) who wrote it," adding, "Because when something is finalized from the start, it usually means the presiding justice wrote it."

On the topic of increasing the number of Supreme Court justices, Moon commented, "This is an issue that requires considerable time for discussion," and added, "We should not rush to a decision, but rather continue the discussion." He continued, "For example, how should the Supreme Court en banc be structured? Can all 30 justices participate in the en banc? If not, what alternatives are there?"

Moon also emphasized caution regarding the introduction of a constitutional complaint system. He said, "It is contradictory to argue for increasing the number of Supreme Court justices to ensure speedy trials, while at the same time introducing a four-tier court system," and pointed out, "The Supreme Court handles over 40,000 cases a year, and if 30% of those?about 12,000 cases?were to be referred to the Constitutional Court, it would be unmanageable. Even with 2,600 cases, there are already concerns about delays."

Regarding the riot at the Western District Court in January, Moon said, "I felt devastated." He continued, "That is why I have continued to call for social integration after my retirement," and cautiously added, "In an election, technically, 51% is enough to win. But there are few issues that can be resolved with just 51% support. How can we achieve economic recovery and social integration with only 51%? If we fail to achieve economic recovery and social integration, the very existence of the state is at stake."