"Who does the law serve?"
Interpretations may vary, but the law exists for all citizens and the entire national community, ultimately functioning to protect justice and the socially vulnerable.
When powerful state authorities oppress ordinary citizens, large corporations undermine small businesses, and those in power suppress the weak, the law is often the only means for the vulnerable to respond. A nation governed by the rule of law relies on the realization of social justice through legal frameworks as its foundation.
However, recent actions by the judiciary raise questions about adherence to fundamental principles. The fluctuating standards of fairness and justice in the law, bending according to the size and status of power, cast doubt on whether the judiciary is truly implementing social justice through the law.
In light of the recent martial law situation, there are concerns about whether the judiciary's decisions regarding key figures indicted for insurrection and abuse of power align with the public's sense of justice.
The court acquitted military commanders involved in the so-called 'Lotteria meeting' on the grounds of the unique nature of military hierarchy. Former Minister of Justice Park Sung-jae saw his sentence reduced from 25 years to 9 years on appeal, while former Prime Minister Han Duck-soo's sentence was cut from 23 years to 15 years. Park Jong-jun, who was sentenced to 4 years for obstructing the arrest of former President Yoon Suk Yeol, received a reduced sentence of 3 years on appeal due to acknowledgment of the charges and expressions of remorse.
In a historic ruling, the court canceled the detention of former President Yoon, who faced a death penalty recommendation for insurrection, based on 'time' rather than 'day.' Ultimately, Yoon was sentenced to life imprisonment in the first trial, opening the door for a potential reduction in his sentence. Kim Geon-hee, indicted for bribery related to the sale of government positions, had her sentence reduced from 7 years to 5 years on appeal, while Kim Ki-hyun, a member of the National Assembly accused of delivering expensive bags to her, was acquitted in the first trial.
The court's leniency towards those involved in insurrection starkly contrasts with the harsh judgments faced by ordinary citizens prosecuted for minor offenses. Cases such as a bus driver who fought a legal battle for years after being fired for embezzling 800 won, a security worker prosecuted for eating a 450 won choco pie and a 600 won snack from a workplace refrigerator, and a citizen sentenced to prison for stealing ramen from an unlicensed store due to hunger illustrate how the principle that 'all are equal before the law' feels like a fiction.
In this context, the ruling Democratic Party is facing criticism for effectively establishing a 'fourth trial system' while attempting to create a law against legal distortion and conducting audits of Chief Justice Cho Hee-dae, but these efforts seem insufficient.
Despite ongoing criticisms from the ruling party and civil society regarding political judgments, the judiciary appears undeterred amid declining approval ratings for President Lee Jae-myung and the ruling party. Attention is now focused on the next steps for Chief Justice Cho, whose term ends in June next year.
The judiciary must reflect on whether it is responding to the voices of citizens who braved the cold rain to call for the impeachment of Yoon Suk Yeol, demanded severe punishment for the martial law troops involved in insurrection, and sought a more just and equitable society. It should question whether current rulings are serving justice for the vulnerable or merely providing a refuge that alleviates the legal responsibilities of those in power.
The independence of the judiciary is not a shield to protect the powerful but a bulwark to uphold justice and trust for all citizens. The judiciary must remember that the moment the law loses the public's trust, the very foundation of the rule of law can collapse.
* This article has been translated by AI.
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