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Intervention of power through inspection
When checks and balances crumble, the pillars of democracy shake with them. [Graphic=Hanmi Ilbo]
Korea's Ministry of Justice is currently failing to function as an oversight body. It is acting as a political shield to protect the interests of the current administration. Democracy, unlike dictatorship, crumbles quietly and slowly in this manner.
While the inspection documents submitted by the Ministry of Justice bear the format of state documents, their content is not a national judgment. They are closer to political documents that misrepresent unverified hearsay as fact and pre-establish conclusions favorable to the administration.
When state institutions begin to arrange facts for the purpose of the administration's agenda, liberal democracy sounds its first alarm.
The prosecution's request for recusal, raising issues of procedural bias by the bench, is one of the normal procedures for the judiciary to balance itself. The court also accepted it for review. Some media outlets attempted to criticize the prosecution's impudence with provocative language like "walkout," but in reality, they merely left the courtroom after the trial had concluded.
However, immediately afterward, the situation changed instantly when the President ordered an "inspection of the prosecutor in charge." This is because the President's order can be interpreted not merely as an administrative measure but as a signal of power directed at the very flow of judicial proceedings.
Controversy arose in the legal community regarding the "applicability of coercion." This sparked legal debates about whether the President has the authority to issue specific directives regarding judicial procedures or individual cases, as well as legitimacy debates over the President directly issuing directives concerning matters closely related to a case in which he himself is a suspect.
The more serious problem occurred afterward. The Ministry of Justice executed this directive without delay, and the inspection report faced criticism for containing only content that satisfied the administration's demands. It was pointed out that the inspection was used as a tool to justify the administration's narrative rather than a process of fact-finding.
When state institutions repeatedly adopt a method of "selecting" facts rather than finding them, the foundation of liberal democracy is shaken. History has already proven this process numerous times.
There are other dangerous signs.
Lee Hwa-young's testimony began to waver in December 2022, around the time Jeong Seong-ho (currently the Minister of Justice), then a member of the Democratic Party of Korea, had a special visit. The subsequent reversal of his testimony has since raised numerous suspicions. The structure where the very person who commanded this inspection is involved goes beyond mere impropriety.
The reason for the repeated warning from The Washington Post, "Democracy dies when the checks disappear," is precisely because of scenes like these.
The behavior the administration is currently exhibiting has moved beyond concern and into a stage of danger.
Procedural issues unfavorable to the administration are suppressed through inspections, favorable revised testimonies are presented as grounds for retrial, and state institutions package this narrative as a national judgment. This appears to be a precursor to a national security crisis, but what is more dangerous is that it occurs while maintaining the facade of liberal democracy.
Liberal democracy does not die suddenly like a dictatorship.
It crumbles little by little with a single document, a single announcement, a single directive, and at some point, we belatedly realize that core state institutions have become shields for the administration. This is precisely where South Korea stands now.
This case now transcends Lee Hwa-young's personal testimony.
It appears to be an attempt by the administration to place itself above the judicial system. The triangular structure formed by the President's directive, the Ministry of Justice's immediate execution, and the skirmish surrounding the bench reveals the darkest future that South Korean liberal democracy could face.
Power moving toward dictatorship always transforms in the same way. First, it interferes, then it controls, and finally, it dominates. South Korea has now crossed the threshold of control and is at the beginning of the stage of domination.
What is needed now is not an inspection of the prosecution, but the public's inspection of power itself.
If the public remains silent at this moment, liberal democracy will collapse irrevocably.
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