At his retirement celebration, Constitutional Court justice Kim Yeong Il expressed his displeasure with "disrespect" for the judicial body. They say court justices speak with judgments, but they are still free to express their views. Nevertheless, it leaves a bitter taste to see him emphasizing the Constitutional Court's authority and nothing else, failing to engage in deep reflection as to why the court exists while attacking those outside of it.
"There are some who insensibly disregard the important decisions the Constitutional Court handed down last year," he said. "I really wonder whether they are people who serve the country, defend the constitution, and speak for the people." It would seem his words target the politicians and civic groups that were critical of the court's decision finding the bill to move the capital unconstitutional. He expressed his opposition to the idea of having people from various areas of society be Constitutional Court justices, saying "the work of finding the meaning of the law and interpreting the constitution can be done only by legal experts who have interpreted the law, defended the people's basic rights, and sought the spirit of the constitution without wavering over a long period of time."
The Constitutional Court's decision last year that the bill calling for the capital to be moved was unconstitutional was highly controversial and was the object of much criticism, because the court blocked legislation the ruling and opposition parties had agreed on for the sake of balanced national development with a strange argument about a "customary constitution." Even with the court's decision the ruling and opposition parties have passed a law calling for the construction of a new city for government administration, to where it will move most government ministries and agencies with exception to a select few, including Cheong Wa Dae, and the defense, foreign affairs, and unification ministries. That shows you how the courts decision was an unreasonable one.
Kim was one of the justices who agreed that the capital move was unconstitutional, and he once issued an opinion stating that since the hojuje is based in traditional Korean culture the clause in the civil code defining hojus should be found constitutional. That view is well out of touch with women and a majority of the members of our society. That is exactly why there needs to be a change in the court's makeup. Currently it is composed of people who arrived there according to their seniority, which means there are limits to how well the court protects the rights of people who constitute minorities in our society and reflects diverse demands. If the Constitutional Court truly wants the country's respect and confidence it should give ear to the criticism.
The Hankyoreh, 14 March 2005.
[Translations by Seoul Selection (PMS)]
[Editorial] Call it 'Heartfelt Advice,' not 'Disrespect' |
