[The Editors' Verdict] Both the Rule of Law and Politics Matter

Let’s follow the law and resolve issues politically. When a current issue is said to be 'politically resolved,' it feels somewhat unsatisfactory. This perception stems from the distorted modern history of Korea. The National Assembly is criticized, and prosecutorial reform is stirring society. The rule of law is a fundamental principle of Western democratic politics. To strengthen it, the decentralization of power among authorities such as the prosecution is necessary. Politics and the rule of law should operate in balance, but the lack thereof causes problems. To find solutions, we must examine how the rule of law and politics have been entangled since the authoritarian regimes.

Imokhee, Asia Economy Senior Correspondent

In the 1980s and 1990s, when major corruption scandals broke out, it was not only prosecutors and police reporters who were busy. High-level information came from the Blue House and the ruling party. At that time, there was the An-ga (An Family) meeting. It was a gathering of the Blue House Chief Secretary and related senior secretaries, the ruling party’s secretary-general and floor leader (now the floor leader), the head of the Agency for National Security Planning (now the National Intelligence Service), and related ministers such as the Ministry of Justice. The real power holders of the ruling forces gathered in one place to effectively make judicial decisions. Once the president approved the An-ga meeting’s decisions, it was final. Subsequent legal procedures such as arrest and indictment proceeded swiftly. Therefore, once it became known that a countermeasure meeting of related agencies was held at An-ga, a reporting war would begin.

In corruption cases involving the political sphere, the key was balance. If only opposition figures were prosecuted, there would be criticism of political oppression. Ruling party lawmakers also had to be appropriately included. I heard from an attendee of the An-ga meeting that they maintained a 3-to-3 balance between ruling and opposition parties. There was also talk that the amount of bribes subject to prosecution was set at around 30 million won. If the corruption charges were very clear, leniency was difficult. However, the borderline was politically judged. When the ruling party faced difficulties, investigative agencies centered on the prosecution appeared at the forefront. Creating tension in the political investigation landscape became a routine governing method.

Former President Kim Young-sam demolished An-ga. The An-ga meetings also disappeared. The problem lies in the consciousness of both ruling and opposition parties. Memories of the An-ga meetings have not been erased from minds. A former lawmaker who was released after imprisonment during the Park Geun-hye administration said, “I did nothing to deserve prison. I was a scapegoat sacrificed to include lawmakers from both ruling and opposition parties.” Civil society is rapidly changing, but An-ga meetings still hold a place in both conservatives and progressives. Even with legislation on adjusting investigative authority between prosecution and police and the establishment of the Corruption Investigation Office for High-ranking Officials (CIO), if the temptation of An-ga meetings is not shaken off, debates on prosecutorial reform will have no answer.

The Blue House, the ruling party, and of course the opposition must free themselves from the ghost of An-ga meetings. Let’s set aside whether Prosecutor General Yoon Seok-yeol has political ambitions and think separately. The problem is the ruling coalition’s subconscious belief that the prosecution should naturally side with the ruling forces, which makes problem-solving difficult. The opposition is the same. They only call for the rule of law when it benefits them. They openly say that if they regain power, they will use prosecutorial power to retaliate. The prosecution also needs reflection. They should recall the past when they grew powerful and received positions equivalent to vice ministers by faithfully executing the results of An-ga meetings.

Politics and the rule of law must go hand in hand. The era of An-ga meetings, when flawed politics overwhelmed the rule of law, is over. But the rule of law should not suppress politics either. The essence of politics is mutual understanding and adjustment. Recently, the Democratic Party of Korea emphasized majority rule and the rule of law but saw their approval ratings drop. This is proof that political compromise is also important. First, please do not confuse the political arena with mutual lawsuits and accusations. Politicians should persuade their supporters to exercise restraint. Whether it is the prosecution or the police, investigative agencies should not be handed the political leash frequently. There are many ways to revive politics, such as regular Blue House talks, regular meetings between ruling and opposition leaders, and redistribution of standing committee chairmanships in the National Assembly. Facing national difficulties such as COVID-19, economic crises, and floods, it is also an option for ruling and opposition parties to hold a political restoration declaration ceremony.

Lee Mok-hee, Senior Fellow

This content was produced with the assistance of AI translation services.