[Comprehensive] "Wrong Assembly Permit" Government and Ruling Party's Continuous 'Court Criticism' United Party "Concerns Over Judicial Independence Violation"

Prime Minister Jeong: "Court Permits Assembly... Nationwide COVID-19 Spread"
Choo Mi-ae: "Judicial Authorities Only Sitting at Desks... Must Cooperate with the People"
Lee Won-wook: "People Call Them 'Pansa'"

Prime Minister Chung Sye-kyun is speaking at the Emergency Central Disaster and Safety Countermeasures Headquarters meeting held at the Government Seoul Office in Jongno-gu, Seoul, on the afternoon of the 16th.
[Image source=Yonhap News]

[Asia Economy Reporter Han Seung-gon] The government and ruling party voices of criticism are growing against the court that approved the August 15 Liberation Day rally on the 15th. Some argue that the legislative branch is excessively criticizing the judiciary's inherent authority. There are concerns that although judges make rulings (decisions) according to the constitution and conscience, repeated pressure from the political sphere may lead the judiciary to self-censor.

On the 25th, Prime Minister Chung Sye-kyun, who attended the National Assembly Budget and Accounts Special Committee plenary session, criticized the court that approved the "August 15 Liberation Day rally," saying, "(Quarantine measures) completely collapsed, and something we really did not want to imagine happened." In response to a question from Yoon Young-chan, a member of the Democratic Party of Korea, asking "How do you view the court's judgment?" he emphasized, "They approved the rally wrongly."

Prime Minister Chung said, "It is regrettable that the court missed the fact that a (large-scale) rally would proceed differently from the reported content, which anyone could have predicted," and added, "It resulted in astronomical economic costs. It is truly a mistake," repeatedly criticizing the court.

As criticism of the court continued, Lee Jong-bae, a member of the United Future Party, pointed out, "There is concern about infringement on judicial independence. It is an inappropriate remark for a prime minister." Prime Minister Chung responded, "That judge probably did not make the decision to spread COVID-19, but as a result, there were confirmed cases and transmission due to a wrong judgment," and said, "The court approved the rally, depriving the police of the opportunity to block the Liberation Day rally, and COVID-19 is spreading nationwide."

Minister of Justice Choo Mi-ae Photo by Yonhap News

Justice Minister Choo Mi-ae also criticized the court that day. At the Legislative and Judiciary Committee meeting on the same day, Minister Choo said, "In an emergency situation, the judiciary should not just sit at their desks but cooperate with the people when necessary," and added, "I think the court judged the situation too lightly, which is very regrettable."

Within the Democratic Party, harsh criticism also emerged. Lee Won-wook, a candidate for the party's Supreme Council, targeted Judge Park Hyung-soon of the Administrative 11th Division of the Seoul Administrative Court at a joint speech held at the Democratic Party headquarters in Yeouido, Seoul, on the 22nd, saying, "The people call them 'Pansaes' (a derogatory term combining 'judge' and a swear word)," and "Those people hold the judge's gavel and are once again manipulating state affairs. We will restrict judges' decision-making authority," raising his voice.

Woo Won-shik also criticized the judiciary, referring to the court's published decision. On the same day, Woo posted on his Facebook, "In short, the court says there was no error. It's truly absurd," criticizing the court.

He pointed out the court's judgment that "(the spread of COVID-19) could not be predicted," saying, "At the time when confirmed cases appeared at Sarang Jeil Church before the 15th, the pastor of that church, Jeon Gwang-hoon, had scheduled remarks, and it was fully predictable that the rally itself was a very dangerous situation for quarantine. So why was it only the court that did not know?"

He continued, "Regardless of legal principles and reasoning, if an irreversible public crisis occurred due to the court's decision, the court should first apologize and express regret to the people," and criticized again, "Is the court above the people?" He added, "What the court should do now is not make excuses but sincerely ask for forgiveness from the people," and said, "Unless the judiciary sincerely reflects, the people will never forgive the court's arrogant attitude."

Amid ongoing government and ruling party lawmakers' denunciations of the court, former Dongyang University professor Jin Joong-kwon sharply criticized Democratic Party lawmaker Lee Won-wook, who proposed the so-called 'Park Hyung-soon Prohibition Act,' saying, "Since everything is trying to act as Moon Jae-in's Cha Ji-cheol, legislative activities have degraded into tactical maneuvers based on agitational politics."

On the afternoon of the 15th, Pastor Jeon Gwang-hoon of Sarang Jeil Church is speaking at a rally condemning the government and ruling party held in front of Donghwa Duty Free Shop in Jongno-gu, Seoul. [Image source=Yonhap News]

The 'Park Hyung-soon Prohibition Act' is named after Judge Park Hyung-soon of the Administrative 11th Division of the Seoul Administrative Court, who approved the Seoul Gwanghwamun rally on the 15th. The bill includes provisions that, under the Infectious Disease Control and Prevention Act, traffic blockades and rallies or demonstrations in restricted or disaster areas are basically prohibited.

Professor Jin said, "It is not right to criticize a judge who followed the law. He was just doing his job," and pointed out, "But within the Democratic Party, judges are criticized as 'Pansaes,' inciting petitions for dismissal and even trying to amend the law."

He added, "If the law was really so flawed that new legislation was necessary, banning rallies would exceed the discretionary scope allowed to judges by law," and criticized, "In other words, such rulings would be illegal. Criticizing judges for making such illegal rulings destroys the rule of law itself."

He also said, "The Park Hyung-soon Prohibition Act proposed by Lee Won-wook grants emergency powers to the government to arbitrarily ban rallies they dislike during virus outbreaks."

Professor Jin continued, "The reason The Economist pointed out that the liberal regime is internally authoritarian is because of this," and criticized, "I really hate the illogical and senseless activism style. Three years feel like ten years."

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