By Park Si-soo
Staff Reporter
The independence of a court was called into question after a senior judge allegedly urged his junior judges to speed up the trial of anti-U.S. beef protestors.
The episode surfaced when Supreme Court judge Shin Young-chul was confirmed to have sent multiple emails to the judges in charge of trials of protestors involved in candlelit rallies against the resumption of imports of American beef.
The senior judge is under pressure to resign as he ``tried'' to influence the politically sensitive trial. At worse, Shin might face impeachment.
Through the letters, Shin apparently pressured judges to swiftly complete the trials before the Constitutional Court rules whether or not the law banning out-door protests after sunset ㅡ a key article in having the protesters indicted ㅡ was constitutional. The letters also include messages that can be translated as encouraging the judges to find the defendants guilty
Shin, the former president of the Seoul Central District Court, was appointed as a Supreme Court judge last month.
The court pledged to thoroughly investigate the allegation. However, the unprecedented scandal in the judiciary is unlikely to subside soon. Some experts see Shin's resignation as the only possible outcome.
Shin's actions were confirmed by the publication of five emails he sent last November to 12 judges at the Seoul Central District Court, where he served as president until last month. The emails were leaked to the media by unidentified sources.
According to an email on Nov. 6, the top judge said, ``The Constitutional Court's ruling on the article is likely to be made this year after a public hearing scheduled on Dec. 5. Next February, judges presiding over criminal trials will mostly be changed. I think it's a virtue for a judge to complete such burdensome trials on their own rather than handing them over to successors.''
He called on the judges to apply current laws instead of waiting for the ruling from the Constitutional Court. ``As far as I know, this is a shared idea among high-ranking officials at the Supreme Court and the Constitutional Court,'' he said. The Constitutional Court officially denied any involvement in the scandal.
This mail was sent about one month after Park Jae-young, a judge at the Seoul court handling one of the cases, filed a petition with the Constitutional Court on Oct. 9 to ask whether the article outlawing after-sunset protests was constitutional.
Normally, judges temporarily stop proceedings if the constitutionality of a specific law is reviewed. Following the petition, many judges delayed rulings or hearings on the issue.
On Nov. 24, Shin emailed them again, reiterating his previous requests. ``If the Constitutional Court's ruling does not significantly affect your decision, please resume and conclude the trials in accordance with current law,'' he said. Two days later on Dec. 26, he once again called for a swift conclusion of the trials, saying, ``By completing burdensome trials quickly, I hope you will be remembered as good judges among your colleagues.''
Incumbent judges say such comments from the top judge are de facto ``pressure'' on the junior judges, as the memo was issued from their senior, who has a decisive influence on their management.
A senior judge said Shin seemed to have ``issued the guideline'' to remove discord between the government and the judiciary as the Lee administration has called for the swift and stern punishment of the protestors. ``But he has gone too far.''
Another Seoul judge did not rule out the possibility of Shin's impeachment, saying, ``This scandal significantly tarnished the judiciary's name.''
The Supreme Court launched a special inspection team Thursday, pledging a thorough investigation of the five controversial emails. ``We are taking every measure to find out what happened,'' the court's spokesman said.