The term "danglanggeocheol" (螳螂拒轍) refers to a mantis attempting to stop a cart with its front legs. This metaphor reflects the opposition to the reforms in the criminal justice system and judiciary since the inauguration of President Lee Jae-myung. Despite concerns raised by the courts, prosecutors, opposition parties, and even the media, these voices have often been powerless against the ruling party's majority votes.
On the other side of "danglanggeocheol" is "jungjiseongseong" (衆志成城), which means that when many people unite, they can build a stronghold. This emphasizes the strength of the majority over individual recklessness.
On November 6, the "special prosecutor for fabricated charges" law passed the National Assembly. This marks the seventh special prosecutor appointed since the Lee Jae-myung administration began. The special prosecutor's team could include up to 309 members, including 20 dispatched prosecutors, and can operate for a maximum of 200 days. The investigation will cover various cases involving President Lee, including the Daejang-dong, Wirye, and Baekhyeon-dong projects, Seongnam FC, North Korean remittances, perjury, and corporate card incidents, with six out of twelve cases directly related to the president.
Reactions within the prosecution office have been notable. Prosecutor Gong Bong-sook from the Seoul District Prosecutors' Office described the situation as "privatization of power" and expressed a desire to avoid involvement with the special prosecutor. Jeong Jin-young, head of the Suncheon branch of the Gwangju District Prosecutors' Office, warned that prosecutors involved in the investigations and prosecutions would end up investigating each other, which he argued contradicts the fundamental values of the separation of powers. An assistant chief prosecutor from the Daejeon District Prosecutors' Office also pointed out the contradiction of reassigning prosecutors who had their investigative powers removed back to special prosecutor investigations. One prosecutor from the Seoul District Prosecutors' Office even told a reporter, "If I am called up, I will take sick leave."
The judiciary is also responding. The National Conference of Judges has moved its regular meeting, originally scheduled for December 7, to November 30. This change reflects internal concerns about the ruling party's push for a national investigation into Chief Justice Cho Hee-dae and the pressure for his resignation, with many judges calling for a defense of judicial independence. The fact that judges from various levels, including ordinary judges and court heads, have publicly raised issues and altered meeting schedules is significant.
As the special prosecutor for fabricated charges and the investigation into Chief Justice Cho proceed, previously scattered dissent is surfacing simultaneously. How long can this be dismissed as mere "resistance from vested interests"?
The core issue is principle.
"No one can be a judge in their own case (Nemo iudex in causa sua)."
"The Republic of Korea is a democratic republic (Article 1, Clause 1 of the Constitution)."
These are the guiding principles that support the criminal justice system and democracy in South Korea. A majority in the National Assembly can change laws, as seen with the passage of the special prosecutor law with 167 votes from the ruling party. However, 167 votes cannot eliminate the principle of conflict of interest prohibition. While the National Assembly does have the authority to conduct national investigations, that power does not extend to interfering with ongoing trials or undermining judicial independence. Majority rule is the "engine" of democracy, but it must operate within the "brakes" of constitutional spirit.
Can one eliminate their own case under the guise of "reform"? Can one stand above judicial authority simply because they were "elected"? Can majority rule override the principles of checks and balances in a republic?
Just because the cart is large does not mean the path it takes is correct. When the warnings perceived as "danglanggeocheol" become "jungjiseongseong," the cart will inevitably stop before the fortress. If that fortress is built on the Constitution, the collision could lead to the cart's destruction.
* This article has been translated by AI.
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