Suspicion about the abuse of judicial authority was raised as former Chief Justice of the Supreme Court Yang Seung-tae was caught making a trial deal with the government to set up an appellate court. The documents disclosed along with the suspicion revealed that the National Court Administration engaged in transactions with the government to set up an appellate court and lobbying by the media and influential individuals. The court is in charge of one area in the separation of legal, administrative, and judicial powers. In South Korea, which is a constitutional nation, the court is an institution that judges and applies cases according to law and conscience. However, members of the organization are shaking the foundation of The Republic of Korea, by engaging in activities such as dealing in trials that should be judged according to law and conscience, in order to implement policies that benefit them.
The biggest problem with the abuse of judicial authority is that proper investigation is impossible. Currently, to conduct a proper investigation, the prosecution is the only organization in South Korea that has the right to investigate, and a warrant is needed for the prosecution. However, as the court issues and reviews the warrant, if the court tries to protect itself, it will not be able to conduct any substantial investigation such as search and arrest. That is why the debate on a special court of law is continuing, which is comprised of lawyers who are not related to the court. The judges are also inhibiting the prosecutors by choosing the best way that they can about crimes committed so far because they have a good understanding of the law. An example of that is the destruction of evidence. As it was revealed last June, they intentionally degaussed the hard disk of the working computer of Yang Seung-tae and Park Byung-dae, former Minister of the National Court Administration. Despite the systematic manipulation of the trial by judges who have to be tried fairly according to law and conscience, the problem is getting worse because there are no clear solutions.
The judiciary is an institution that judges cases according to law and conscience. That's why the judiciary is the last bastion of the people to realize rule of law and democracy. It should never happen again in South Korea that the judiciary colludes with the government and tries to mislead public opinion in order to benefit from its authority. Therefore, a proper solution is needed. In order to prevent cases like this from happening, the court should be able to check the exclusive status of the National Court Administration and allow proper investigation of judges from outside the court. < 저작권자 © 중앙헤럴드 무단전재 및 재배포금지 >