By Lee Kyung-min
A research institute under the Constitutional Court has urged the administration, the National Assembly and the judiciary to start a debate on changing the way the court’s judges are selected, saying the current selection system is prone to politically biased rulings.
Currently, three each of the nine Constitutional Court justices are chosen by the President and the Supreme Court head. The remaining three are selected by political parties ― one each by the ruling and opposition parties, and the other one among mutually agreed candidates by the ruling and opposition parties.
According to a report by the Constitutional Research Institute, released Monday, the current selection system needs to be changed because rulings can be influenced by those in power ― especially on politically sensitive issues.
“Decisions made by the Constitutional Court cannot be free from political underpinnings under the current system,” the report said. “All parties concerned should debate on changing the selection system to represent society in a more democratic way.”
The suggestion came amid a growing controversy over a recent Constitutional Court decision to disband the Unified Progressive Party (UPP).
“We now live in a time where social change is heavily influenced by those justices. Being appointed in such a way, people can hardly be guaranteed the independence of the ruling process. We thereby suggest an alternative to such appointment,” it added.
“As an alternative, three justices could be chosen by the National Assembly with the President’s approval, and the other six could be chosen among candidates mutually agreed on by the ruling and opposition parties,” it added.
Sogang law school professor Yim Ji-bong has long sided with such a decision to ensure the institution makes rulings unadulterated by politics, ultimately gaining judicial trust from the public.
He said because of the current “conservative pool of justices,” the ruling party, more often than not, takes political matters to the Constitutional Court rather than attempt to resolve them through dialogue and social debate.
In an 8-1 decision about the UPP, only one justice Kim Yi-su dissented to the decision. Kim was appointed by the main opposition party.
Separate from District, High, and Supreme Courts, the Constitutional Court was established in 1988 in the wake of a democratic movement against the then-military government. The main purpose of the Constitutional Court was to monitor abuses of law by the government.