ED Speed up judicial reform

Democracy cannot work without rule of law

The arrest of former Chief Justice Yang Sung-tae is shameful not only for the judiciary, but also the nation. So it should mark the start of much-needed judicial reform.

Yang was arrested last week on charges of abuse his authority and interfering in politically sensitive trials to make rulings in favor of the government under ousted President Park Geun-hye. He also faces more than 40 other charges. One of them is his alleged attempt to delay the deliberation of a damages suit filed by Korean victims of Japan's wartime forced labor to curry favor with Park who sought amicable ties with Tokyo.

Yang is suspected of using trials as bargaining chips in dealing with the presidential office in an aborted bid to create a new separate court of appeals. He was also allegedly implicated in having judges critical of the court administration and the conservative Park government secretly monitored.

If those charges are found to be true, Yang cannot avoid harsh punishment. He is entitled to the presumption of innocence until proven guilty. But he has to endure the shame of becoming the first former chief of the Supreme Court to be detained for what he did during his seven-year tenure before retiring in 2017.

What really matters in Yang's case is that he disregarded the firm democratic principle: the separation of the legislative, judicial and executive branches. His suspected abuse of authority is sure to have undermined the judiciary's neutrality and its independence from political power. He appeared to have even placed the judiciary under the control of the government.

That is why Yang has come under severe criticism for destroying constitutional values and undermining the rule of law ― one of the main pillars of democracy. However, he has denied all the allegations without reflecting on what he did as chief justice. The prosecution's investigation and circumstantial evidence show that he tried to make the judiciary a handmaiden of the previous administration.

Under any circumstances, Yang's alleged actions cannot be justified. Thus, the prosecution should do its best to get to the bottom of the case. It must shed light on what is seen as the structural abuse of judicial power and the symbiotic relationship between its leadership and the inner circle of political power.

Incumbent Chief Justice Kim Myeong-su immediately apologized to the public over the unprecedented arrest of his predecessor. But he should not become complacent with the offering of the apology. What Kim should do now is speed up reform of the judiciary which long ago lost public trust because of its shameful history of collaborating with military dictatorships.

The Moon Jae-in administration must work closely with the judiciary to make this reform a success. Most of all, it is imperative to ensure the political neutrality and independence of the judiciary so that judges can make fair rulings. We hope the judiciary will be reborn in a real sense as the last bulwark for justice. The nation has learned a lesson the hard way that democracy cannot be maintained without the rule of law.