[Column] Disconnection from Public Sentiment... Constitutional Court's 'GeuSaSe'

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] "7 to 2."

When South Korea's highest judicial body, the Constitutional Court, ruled on the 25th that the ‘Yoon Chang-ho Act,’ which imposes aggravated punishment for being caught driving under the influence more than twice, is unconstitutional, a lawyer in Seocho-dong focused on the numbers. Out of the nine constitutional justices, the overwhelming majority of 7 to 2 held the opinion of unconstitutionality, which he found "unexpected." The lawyer said, "I thought it would be a close call, but I was surprised it leaned toward unconstitutionality," adding, "It seems the constitutional justices had a strong perception that the Yoon Chang-ho Act was unconstitutional from the time it was enacted. While the public's demand for strict punishment of drunk drivers is growing, this decision feels disconnected from that."

The public also seems puzzled by the court's decision. The institution responsible for upholding the constitution, which guarantees the basic rights of the people, has issued a ruling that appears detached from public sentiment. The point that "setting the statutory minimum penalty at two years imprisonment or a fine of 10 million won excessively punishes relatively minor offenses, making it difficult to recognize proportionality between responsibility and punishment" has also been criticized. Driving under the influence can lead to fatal accidents even once. The Constitutional Court judged that there may be cases of "drunk driving with relatively low blameworthiness and relatively minor offense," and that uniformly imposing harsh punishment is not appropriate.

Just a few years ago, the Constitutional Court was a hero that made history by standing on the judgment stand for the basic rights guaranteed by the constitution. It was only four years ago that it impeached former President Park Geun-hye, who disappointed the public with the ‘state manipulation’ scandal. Despite some controversies, there were also significant and meaningful rulings such as upholding the constitutionality of punishing homosexuality in the military (2016) and declaring the abortion law unconstitutional (2019). The recent ruling on the unconstitutionality of the Yoon Chang-ho Act is shaking the tower of trust built over time. The court is about to conclude the constitutional review of the death penalty, which has been under deliberation for over three years. The death penalty was previously upheld as constitutional by the court in 1996 and 2010. However, social awareness has changed significantly since then. Depending on the decision, the Constitutional Court is bound to become the center of controversy once again, following the Yoon Chang-ho Act.

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