Judges’ revolt against FTA gaining momentum

By Kim Rahn

A growing number of judges are throwing their weight behind the unprecedented revolt against the Lee Myung-bak administration’s ratification of the free trade agreement with the United States (KORUS FTA), threatening to file a petition asking for the country’s top court to review it.

Despite Supreme Court Chief Justice Yang Sung-tae’s repeated calls for them to refrain from expressing political opinions publicly, several judges are voicing their opposition to the trade pact.

A standing judge said on the court’s intranet Thursday that the FTA could infringe on Korea’s judicial sovereignty, calling for the judicature to take action for the renegotiation of the agreement.

“After reviewing discussions about the FTA, I concluded that the deal is likely to have many clauses disadvantageous to Korea and infringe on the nation’s judicial sovereignty,” judge Kim Ha-neul at Incheon District Court said on the intranet.

The 43-year-old went on to say, “The judiciaries, which have the final authority to interpret laws, should present some guideline on the FTA and especially on the controversial investor-state dispute (ISD) settlement clause.”

He said he will appeal to Chief Justice Yang to form a task force team to review whether there are unfair clauses in the FTA and, if so, how they should be changed.

Kim asked fellow judges to leave messages if they agree to his suggestion, adding he will submit a written appeal to Yang if more than 100 judges join him. The quorum was reached within a day.

His brazen opposition came two days after the top court’s ethics committee advised judges to maintain dignity, self-control and fairness and to avoid becoming a part of social debates, following another judge’s anti-FTA comments on Twitter.

On Friday, Yang urged judges to be more careful with what they say publicly at a meeting with the heads of regional courts.

“People want judges to have a venerable character, thoughtful understanding and balance. Judges should always be extra careful with their words and acts,” Yang said. “The most important thing for us is to gain the public’s trust. Trust in rulings is based on trust in judges, which comes from respect.”

The ruling Grand National Party also slammed judges for expressing opposition to the FTA.

“It’s really a reckless act for judges who should take a balanced position to come forward to express opinions against the FTA,” GNP spokesman Kim Ki-hyun said.

Besides Kim, dozens of judges have expressed their opinions — mainly in opposition — to the FTA. Such developments accelerated after senior judge Choi Eun-bae’s anti-government comments on his Facebook page caused controversy over the use of social networking services (SNS) by judges and other public officials.

Choi called President Lee Myung-bak and the ruling Grand National Party “pro-American to the core,” saying he “will not forget Nov. 22, the day when Korean bureaucrats betrayed their country.”

His Facebook remark was reported by conservative daily The Chosun Ilbo on Nov. 25, and the ethics committee reviewed it on Tuesday and recommended judges to be careful with words and actions that could influence a fair trial, saying it will create formal guidelines for the use of SNS by judges.

Judge Byeon Min-seon at Seoul Northern District Court said Monday on the intranet that even though a judge should remain politically neutral, his or her privacy and the freedom of expression should be protected.

“I think it was wrong for the daily to make public Choi’s personal conversation with his Facebook friends and that this raises doubts on the fairness of his rulings. It is an attempt to control a judge’s expression of opinions as an individual,” she said.

Judge Seo Gi-ho at the same court expressed regret over the top court’s recommendation of SNS use and guideline creation plan, saying it may restrict the freedom of expression.

“The Supreme Court has the right to implement personnel management. Thus judges are likely to recognize the ‘recommendation’ as a virtual ‘ban’,” Seo said.