Constitutional Court chief pledges political neutrality

By Kim Rahn

Constitutional Court President Lee Kang-kook pledged Tuesday that the court will keep political neutrality in all cases ahead of the general and presidential elections.

Lee expressed regret that the court decisions are often interpreted politically.

“When our decisions are favorable to the government or the ruling party in politically sensitive issues, people say the court curries favor with the ‘power.’ If the decisions are advantageous to the opposition parties, they say we favored those parties. I have been displeased with such media reports,” Lee told reporters at his residence in central Seoul, Tuesday.

When asked if there was any such a case recently, Lee referred to the ruling on the electioneering using social networking services (SNS). On Dec. 29 last year, the court ruled the Election Law prohibiting pre-election campaigning via SNS was unconstitutional, a decision seen to be favorable to the liberal camp as most SNS users are in their 20s and 30s and support the opposition parties.

He said the court only interprets the Constitution and the law and doesn’t consider who benefits and who doesn’t.

“The court’s rulings, such as whether the decision follows the law and whether it is in line with the spirit of the times, will be evaluated by future generations. So, if we want to be honorable, we have to make fair decisions,” Lee said.

“We have two big elections this year. I pledge that we’ll remain politically independent and neutral and perform our duty for the people and for posterity,” Lee said.

On Supreme Court

Regarding the friction between the Constitutional Court and the Supreme Court over the roles, Lee said there will be no conflict if the two bodies work according to the law and the Constitution.

But he opposed the claims that the Constitutional court should merge with the Supreme Court. Some legal experts and the Supreme Court officials have proposed the union, saying there are overlapping roles between the two courts.

“We will have heated debates on the duties and the relationship between the two courts when the nation moves to revise the Constitution. But now is not the time. If the next administration discusses the issue, we’ll then have due consideration,” Lee said.

He expressed regret over the National Assembly’s delay of designation of justice nominee Jo Yong-hwan. The Assembly passed the designation bill for two Supreme Court justices on Jan. 1 but put it off for Jo. The nine-member Constitutional Court has been operating with one less member for more than six months.

“When justices have divided opinions on the constitutionality of a law, one member’s opinion has a great deal of weight. With only eight members, these days we often delay making a decision as we want to see a new justice’s opinion,” he said.

Lee, whose six-year term ends in January next year, said afterward he wants to learn many things which he has not yet time to do so, including calligraphy and playing the guitar.