Ex-Supreme Court chief accused of telling judges to 'toe government line'

Former Supreme Court Chief Justice Yang Sung-tae

By Lee Kyung-min

Former Supreme Court Chief Justice Yang Sung-tae is likely to face prosecution questioning over alleged deep meddling in and abuse of the judiciary to suit the 2013-17 Park Geun-hye administration, in return for administrative favors to advance his agenda.

The current chief justice, Kim Myeong-su, has said he is considering filing a criminal complaint with the prosecution against his predecessor. “I am as disappointed as the public is over the allegations,” Kim told reporters on his way to work. “I will take all aspects into consideration in determining follow-up measures and I will listen to all opinions within the judiciary before making a final decision.”

The highly cautious response reflected the explosive nature of the allegation substantiated by a special investigation committee under the top court, whose findings released last Friday were completely at odds with those of two earlier separate committees. They concluded there was “no blacklist of judges,” despite volumes of evidence that suggested otherwise, questionable findings that only fueled public outrage and eroded trust in the judiciary.

The two investigations were launched over suspicion that the Office of Court Administration (OCA) under the top court created the list to control and suppress liberal judges. These came under tight scrutiny for demanding judicial reform, openly criticizing the “emperor-like” power of the chief justice and the systematic efforts to solidify the standing and influence of the judiciary instead of serving the public. The third committee reviewed around 37,000 files stored in computers used by key senior OCA officials, which the two earlier committees were denied access to. They found documents in which officials discussed plans in detail on which rulings could benefit or hurt the administration.

An OCA-drafted document began by highlighting the “continued efforts to support the president-led government policy initiative.” Fourteen rulings made by district courts and the top courts were cited as decisions that greatly benefited Park, giving her what she would have considered accurate accounts of history, protection of freedoms and democratic principles, and prioritizing economic development, all of which were her top priorities.

Under the headings “Speech material” and “Ways to persuade the BH” (short for Blue House, Korea's presidential office), the top court cited its ruling that upheld lower courts' rulings that denied compensation to victims of past military regimes' brutality on the grounds that “the regime of the time was legitimate in exercising the discretion to govern the public.” The top court, documents showed, sought to justify the Park-led labor reform by increasing flexibility in the labor market in a ruling that found for Ssangyong Motors, a carmaker that resorted to massive layoffs. Possible discretion in trials was also discussed involving many other high-profile figures including former spy agency chief Won Sei-hoon, a close aide to former President Lee Myung-bak whose alleged mobilization of the National Intelligence Service helped Park beat liberal candidate Moon Jae-in in the December 2012 presidential election, and Sung Wan-jong, the former head of Keangnam Enterprises who committed suicide amid intensified prosecution questioning about the failed energy diplomacy during Lee's 2008-13 administration.

The top court even drafted a “fallback” measure in case such cooperative “gestures go unrecognized.” Under the headings of “Pressuring Cheong Wa Dae,” the document said if the presidential office refused to cooperate with the top court, it would have no choice but to veer off its course, long consistent in seeking and coordinating mutual understanding to limit the number of rulings that were “off,” and exercise “independent” judicial discretion. Yang rejected the committees' request for questioning twice, on April 24 and last Thursday.

All for 'Second' Supreme Court

Such a detailed plan was to strengthen “negotiating power” in leveraging a swift passage of the law that would have allowed the establishment of a de facto Second Supreme Court, Yang's top initiative. This failed to materialize due to heated criticism that the judicial proceeding would create a court between the top court and appellate courts. Yang sought to have the top court justices lead deliberations only on a handful of politically and socially significant landmark cases _ with far-reaching implications, and have the second court handle the greater number of remaining appeals cases. The move was to unburden the top justices who have to rule on over 3,000 cases per year, but failed to gain public support as it would have inevitably required a substantial increase in senior judges that would help the top justices, a move welcomed by many senior judges nearing retirement wishing to hold onto their prestigious high-ranking public posts.

The OCA oversees judicial affairs including personnel affairs, budget allocation and accounting, as well as the maintenance of judicial affairs-related buildings including courthouses and infrastructure. The administrative office has been known to have only a small number of elite judges working there, and those with experience are said to be on the fast track to being promoted within the judiciary.