Editorial

Chief Justice Kim Myeong-su Should Request Investigation of Yang Seung-tae

2018.05.30 17:26

Sometimes a picture says more than a thousand words. A picture of Kim Seung-ha, head of the KTX train services branch of the Korean Railway Workers' Union letting out a cry at the Supreme Court on May 29 was one such picture. Kim and the workers laid off by KTX rushed into the courtroom this day and demanded the arrest and investigation of the former chief justice of the Supreme Court, Yang Seung-tae and asked to see Kim Myeong-su, the incumbent chief justice of the Supreme Court. Previously, a report by the special investigation team on the Supreme Court's alleged abuse of authority over court administration revealed circumstantial evidence that suggested that the National Court Administration tried to strike a deal with Cheong Wa Dae under Park Geun-hye with the trial outcome of the case on the KTX crew when Yang served as the chief justice. The KTX crew who were fired in 2006 filed a lawsuit to have their status recognized as workers in 2008. The courts in the first and second trials sided with the workers, but in 2015, the Supreme Court overturned the ruling. After the Supreme Court ruling, one of the crew committed suicide. We would like to ask Chief Justice Kim whether he has seen this picture, and if he has, what came to his mind.

As for an additional investigation of Yang, Kim said, "The special investigation team will submit a final report on this issue," and added, "We will review everything including the report and public opinion before making and announcing our decision." As for when the follow-up measures will be implemented, the chief justice said, "We will prepare our measures carefully. We cannot promise you the date and time." We understand his struggle. Yang has already refused to be questioned by the special investigation team, so even if the Supreme Court requests an additional investigation, it is unlikely for him to cooperate. In the end, the investigation will have to be conducted by the Prosecution Service. Kim would want to avoid having a former chief justice of the Supreme Court stand before the press photographers in front of the Prosecutors' Office for the first time in the history of our Constitution. However, when the entire nation is enraged at allegations of the worst case of abuse of court authority, the honor of a former chief justice does not seem worthy of consideration. If it is true that the court tried to make a deal with trial outcomes, this is not only illegal, it is unconstitutional. It is not a matter that can be brushed aside with the court granting an indulgence.

[Editorial] Chief Justice Kim Myeong-su Should Request Investigation of Yang Seung-tae

The Prosecution Service has already received eight requests for an investigation of the former chief justice Yang. There are more organizations which have stated that they will submit a request. An investigation can be launched at any time. However, the Prosecution Service뾵hich has the authority to investigate뾦nitiating an investigation of the court is, in principle, not desirable. It would be proper for Chief Justice Kim to request an investigation or report incumbent and former judges involved in the alleged abuse of court authority. If an investigation by the Prosecution Service is not enough, they should introduce a special prosecutor to clearly identify the truth of all the allegations. By uncovering the whole truth, they need to wipe the tears of the laid-off KTX workers, who have been struggling for thirteen years. Only then can the court restore the honor and credibility that has fallen utterly.

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