"Of course, the judiciary must participate in discussions on judicial reform"
Judicial reform requires comprehensive debate that considers various interests
Former Acting Chief Justice of the Constitutional Court Moon Hyungbae commented on President Lee Jaemyung's statement that "elected authority takes precedence over appointed authority" and the controversy surrounding it, saying, "Read the Constitution."
Former Constitutional Court Justice Moon Hyungbae speaking at the Seoul International Book Fair book talk. Photo by Yonhap News
On September 17, appearing on SBS Radio's "Kim Taehyun's Political Show," Moon was asked, "Which has more weight, elected authority or appointed authority?" He replied, "This is what I want to say: Please read the Constitution of the Republic of Korea. That is my answer." He continued, "The starting point of any discussion should be the Constitution. It would be much more productive to base arguments on specific articles of the Constitution." However, he added, "Since I am not a direct party to the conversation, I will refrain from making more detailed comments."
Regarding the authority of the judiciary, he emphasized, "The judiciary is an institution established by the Constitution to provide checks and balances on the executive and legislative branches. Naturally, judicial decisions may make other branches uncomfortable, but that authority comes from the Constitution and must be respected as such." He added, "If the public cannot be convinced, then institutional reforms can be discussed, and the courts must provide sufficient explanations."
At his 100-day inauguration press conference on September 11, President Lee stated, "Appointed authority is delegated again from elected authority," and "There is a clear hierarchy of power in the Republic of Korea. The highest power belongs to the people, to popular sovereignty, followed by directly elected authority and then indirectly elected authority." He further remarked, "The judiciary makes its judgments according to the Constitution and its conscience within the structure set by the legislature." Some in political and legal circles have criticized these remarks as inappropriate, arguing that they could undermine the separation of powers.
Regarding the judicial reform initiative being pursued by the Democratic Party, Moon stressed that the participation of the judiciary is essential. He said, "Even when I was in the courts, I consistently called for judicial reform. There has never been a time in the history of judicial reform when the judiciary was not involved in the discussion," adding, "Judicial reform involves a complex web of interests, so while fundamental interests must be protected, it is necessary to take a comprehensive approach that allows for compromise on nonessential issues."
Moon is a classmate of President Lee from the bar exam and the Judicial Research and Training Institute. He served as Senior Presiding Judge of the Busan High Court and later as a Constitutional Court Justice. At the end of his term, he served as Acting Chief Justice of the Constitutional Court, leading the impeachment trial of former President Yoon Sukyeol.
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