By Oh Young-jin
Staff Reporter

According to conventional wisdom, it is judges that hold litigants or witnesses in contempt.

But, in an interesting reversal of roles, a judge in his 40s at the Seoul Central District Court was “reprimanded” by the National Human Rights Commission for a caution he gave to a 69-year-old during a hearing he presided over last June.

The commission said the judge told the plaintiff, “You are acting like an undisciplined child. Behave yourself.”

The judge made the remark when the plaintiff repeatedly spoke without his permission.
Following the session, the man lodged a complaint with the commission, claiming that his human rights have been violated.

His complaint came in line with a Confucian principle imbedded in Korean society that calls for respect for the elders.

It was the first time that the commission has reprimanded a judge for what it sees as a violation of a Korean tradition respecting seniority.

The reprimand also comes at a time when the judiciary is put under pressure for a series of liberal rulings that, in a broad stroke, places a higher priority on pragmatism than conventional wisdom.
The complainant claimed, “I felt like a child being scolded by an old man for misbehaving, when the young judge told me to keep silent.

“I concluded that my human rights were violated by the judge’s remarks,” he said.

Taking the witness stand, the lawyer for the 69-year-old plaintiff stated, “I was caught off guard and extremely displeased by the judge’s unexpected remarks.”

The judge, however, claimed that his words of caution were misinterpreted.

“The plaintiff repeatedly made unwarranted interventions in the trial process,” the judge was quoted as saying. “I gave him a word of warning so as to have the session proceed without further hiccups. My action was well within the authority given to a judge.”

He added that he didn’t even remember the exact wording of his remarks.

The commission, however, concluded that the judge made a remark to the older plaintiff, which was viewed to be in violation of social norms.

“The remarks in question can be said to a person who is younger than the speaker,” the commission said. “It is against social norms for a younger person, whether he is a judge or not, to speak in such a condescending manner to an older person.”

foolsdie@koreatimes.co.kr