Constitutional Court
The Constitutional Court of the Republic of Korea is one of the highest courts in the country.
In the United States, the Constitutional Court judges and the Supreme Court justices are called “Justice.”
It is the definition that governs, distinguishes, and divides everything in society.
Although there are minor institutional differences and differences in social status, the same applies in the Republic of Korea.
It can be said that all major legal decisions that have changed the course of Korean history were made here.
To work in a place like this, I had to pass the strict personnel hearings of the National Assembly, one of the three branches of government in the Republic of Korea’s separation of powers, and on the day I reported to the Constitutional Court located between Changgyeonggung Palace and Gyeongbokgung Palace, the memory of standing at the entrance and not being able to easily climb the stairs due to the surging, overwhelming emotion from the depths of my heart is vivid.
Over the next six years, regarding matters that would become major controversies in our society, such as homosexuality, instead of simply voicing personal opinions, it was not the burden of having to judge based on the solemn Constitution of the Republic of Korea rather than my own thoughts with political neutrality, but the pleasant sense of mission that I was upholding the justice of this society like when I passed the bar exam filled my entire body.
“Good morning. Judge Gang Miyoung.”
“Uh… Good morning.”
The feeling that had always been with me for six years was now gone from my heart.
Contrary to what I had expected, the Constitutional Court judge was more political, and unlike the calm tenures of the senior Constitutional Court judges, there were not the minor incidents I had anticipated during my term, but one after another the events that would decide the fate of the century and the nation’s destiny erupted, and finally, as of yesterday, I had practically arrived at the Constitutional Court.
Aigoo…
I had thought that everything would be resolved when I attended the debate a few months ago, but I cannot figure out why it turned out this way.
I cannot figure it out.
While thinking of various thoughts that rose in my head, I urged my familiar footsteps up the stairs and managed to arrive at the Constitutional Court judges’ meeting hosted by the Chief Justice without being late.
“Good morning. Chief Justice Park Kyung-mi.”
“Oh, welcome. Judge Gang Miyoung. The stairs on the way here are quite steep, aren’t they?”
“Hehe.”
“I also have to climb these stairs, and how out of breath I get… I should retire soon too.”
“Aigoo… Senior. I am still fine.”
“And Senior, you still haven’t retired? Please don’t do that.”
“Oh my, yes. We’ll talk more when everyone arrives.”
Senior always speaks like that.
Why would someone with so much remaining tenure and ability speak like that?
Aigoo… I don’t know about that either.
These days, I wonder what I even know.
Oh my, the world.
When had everyone arrived?
“Everyone, welcome. I called you all together so suddenly, but you all came.”
“Thank you very much.”
After the customary words circling around like the drinking glasses at a reception party in response to Chief Justice Park Kyung-mi’s words, everyone took their seats.
Thus, the formal meeting began with all fourteen Constitutional Court judges gathered in the conference room furnished with walnut furniture.
“Then, as the person who called you all busy people here, I must explain the reason.”
“Yesterday, the Minister of Justice announced that legal arguments have begun for the constitutional review petition to dissolve the Women’s Voice as an unconstitutional political party.”
“And as you know, the Blue House did not choose to step down.”
“And according to a reliable source, an impeachment motion against President Lee Nayoung will be introduced in the National Assembly today.”
These are the major legal events that have occurred in the Republic of Korea so far.
“It is not good to make judgments in advance about such matters, but both are not unprecedented in constitutional history, are they?”
“So, instead of discussing the legal and deep aspects of these matters, shall we hear each of your opinions?”
Chief Justice Park Kyung-mi did not make a place here.
“Then, shall we hear from Judge Oh Jeong-hwa first?”
“Yes, Chief Justice. I believe there is a reason for impeachment against President Lee Nayoung, but I wonder if the Women’s Voice party is truly violating the fundamental spirit of the Constitution that is the foundation of our society.”
“Hmm… Judge Oh Jeong-hwa was definitely a classmate of Judge Gang Miyoung, wasn’t she?”
“Yes, that is correct.”
“In my memory at the time, I believe I competed with lawyer Park Min-woo…”
“Yes, that is correct.”
“Senior Park Min-woo was clearly superior to me, and being male, I was appointed to fill the female quota.”
“Ah… as expected? Yes. Thank you. I heard you well.”
Aigoo…
Oh Jeong-hwa is shaming all of us from the judicial training center.
A friend I had disliked for a long time, but I had thought she had a kind heart, but when did this change…
“Next is… yes, Judge Min Jeong-hee.”
“Yes! Chief Justice!”
“It may be difficult to talk about President Lee Nayoung, who appointed you in this confusing situation, but please speak honestly.”
“Yes!”
“Yes. What are your thoughts?”
“I believe there is no reason for impeachment against President Lee Nayoung, but looking at the actions of the Women’s Voice party, I think they are inciting and dividing the people and are against the spirit of the Constitution.”
“Hmm… I see. Thank you. I heard you well.”
“Then next is… yes. Judge Gang Miyoung, who arrived first.”
Aigoo, she’s already here.
“Yes. Chief Justice. Here I am.”
“Yes. Then shall we hear Judge Gang Miyoung’s thoughts?”
While carefully opening my mouth to share my thoughts, organized after hearing the opinions of the other judges,
“Yes… like my fellow Constitutional Court judges, I also first think that this is a very difficult case to judge.”
“If we look at the two events by excluding personal emotions, I think it is right to accept both…”
“However, whether this will resolve social chaos is still questionable.”
At that, as expected, criticism from the other senior judges began.
“Huh? Isn’t that thinking of political judgment as a Constitutional Court judge? No, how can a person become a Constitutional Court judge and do that!”
“Resign immediately!”
Senior No Yu-suk, who has a fiery personality, spoke up, but the other judges’ feelings did not seem eased either.
Luckily, thanks to Chief Justice Park Kyung-mi mediating the situation appropriately, I survived.
“Come now, Judge No Yu-suk, stop.”
“Personal thoughts are possible. What we are doing now is not a decision in a courtroom, after all.”
“Aigoo, I made a big mistake.”
“I’m sorry.”
“I gathered people and asked them to share their thoughts, but I didn’t say my own thoughts.”
“My thoughts are—”
After hearing the thoughts of all the Constitutional Court judges, the meeting ended and I was about to leave when Chief Justice Park Kyung-mi stopped me and took me to her office.
The office of the senior, always filled with the pleasant scent of lemons.
And the tea made using the lemon tea she personally prepared and served every time.
After taking a sip of the tea she had carefully prepared for me today as well, I set the teacup down again.
“Thank you for serving me this warm tea today, Senior.”
“No, I am sorry. I called everyone together today and made Judge No Yu-suk listen to a scolding.”
“That friend is quite blunt, after all.”
“It is not because there is any bad intention, so please do not take it to heart.”
“Understood?”
“Aigoo… of course. I already know that Senior No Yu-suk meant it that way. It is fine.”
And it was something Senior No Yu-suk said to prevent rumors from spreading about me after her careless remark.
“Oh, I like this heart of yours, Miyoung.”
“Then, now ask me whatever you want.”
“I will answer as much as I can.”
Aigoo, I was careful, but I got caught.
I really cannot hide anything from the Senior.
“Yes, Senior. Then I will speak frankly. The thoughts you mentioned today may not be a little dangerous…”
“Could you tell me your intention behind thinking that way?”
When the Senior put down the teacup in response to my question about her intention,
“Yes… the thought that both sides I mentioned should go through legal procedures to buy time and ultimately not accept either may seem dangerous.”
“But if we do not do that, we cannot prevent the greater social chaos that our junior is worried about from coming.”
“So, as the last bastion of the Constitutional Court that protects the Constitution, I think it is best to refrain from hasty decisions and go through the procedures the Constitution has set while waiting for a monumental change during that time.”
The shocking words of the Senior.
“But that is…”
“Junior. If we make a hasty judgment according to public opinion like this, the Women’s Voice will surely put pressure on us to judge with gender sensitivity.”
Aigoo, the Senior also knows about that.
That damned gender sensitivity.
It is the one who has been making our judges suffer for the past few years.
“Senior… this is my thought, and Judge Oh Jeong-hwa will probably oppose my thought, but the gender sensitivity that says they lack the ability to prove what happened to them as women and social underdogs and asks the judge to make a female-biased judgment is, in my opinion, destroying the presumption of innocence and the evidence-based trial principle explicitly stated in the Constitution and our country’s law.”
While sharing the hardships of current judges, the Senior spoke with a kind face.
“Yes, Junior. I also think the same and that is why we should do this.”
“The stock market and bond market that had just opened are now closed, and national credit is falling, causing a lot of chaos.”
“So, we cannot have more chaos.”
“In fact, if the world had been the same as before, it would have been fine.”
“Because the Republic of Korea is a solid country.”
“But right now, our country has no army to give authority to our Constitution and laws.”
“So, no matter what decision we make, we have no means to suppress the backlash from the side that does not like it.”
“Yes. It certainly exists.”
“But we have to think it is non-existent, and even the army that should protect the Constitution and the people may turn at any time.”
“So… we have to wait until a great wind comes and everything changes.”
“Do you understand, Junior?”