New female justice

Top court’s formation must reflect social composition

It is always good to see responsible officials act to correct wrongs in society when such moves are positive reflections of public opinion. Chief Justice Yang Sung-tae did that Wednesday when he recommended a prominent female judge as a new justice of the Supreme Court upon confirmation by President Lee Myung-bak.

The decision came at least three months late, however. Had Yang chosen Kim So-young ― instead of a man who resigned amid ethical controversy ― in July, the court’s operation would have been far smoother than now.

A Supreme Court spokesman said the nomination reflects popular calls for diversification of the court’s composition as well as social demand for female justices. If so, the 14-member highest tribunal should have more female members than the present two if Kim’s proposed appointment is confirmed. Women account for half of population, and one fourth of newly-appointed judges.

Regrettable in this regard are complaints from prosecutors that there are no Supreme Court justices who were their former colleagues. They have only themselves to blame. Consider how Kim Byung-hwa, the former nominee who bowed out, was embroiled in various allegations, mostly related with his less than justifiable asset-forming process. The prosecution has to apologize, not protest.

A senior prosecutor also created a social stir recently, saying he couldn’t get to the bottom of a scandal about President Lee’s abortive plan to build a post-retirement residence, for fear of “touching the first family.” These officials must think about why voters support the pledge by opposition presidential candidates to reform the politicized prosecution, as well why political neutrality has come to be the foremost requirement of the top court’s justices.

All this also shows the reason why the nomination of a female justice should not be a one-off gesture to make up for loss of face within judiciary circles.

Rather it should be the start of a change toward remaking the highest court by better reflecting the demands of present society and allowing in more diverse elements and voices. Less than a decade ago, both the Supreme Court and the Constitutional Court were like alumni meetings of similarly-aged men who all attended the same school ― the Seoul National University School of Law. The barriers of gender, old school networks and regional affiliation have been lowered one by one, albeit at an extremely slow pace. Any changes, so far, were more symbolic than substantive.

It’s time to tear down the last barrier ― the occupational one. Currently, judicial circles dominate the highest court with its members mostly being former judges. But the court could introduce more members who have never worn judicial robes, and who have engaged more closely with the world beyond trial documents, such as law professors and even civic activists. A recent survey indicated that more than half of Koreans do fully trust the Supreme Court, and that nearly 60 percent of them think the court should pick its members from among other legal professions other than judges, to reflect social diversity.

As outgoing female justice Jeon Su-an said, “Constitutional organs should materialize constitutional values and principles starting from its composition.” Both the President and Chief Justice should listen and take heed. <The Korea Times>

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