By Diplomacy Journal Lee Jon-young

In order to maintain a just society, the law must be operated based on fairness and trust. Dasan Jeong Yak-yong (丁若鏞, 1762-1836), a Silhak scholar of the late Joseon Dynasty who studied practical matters, wrote "Heumheumsinseo欽欽新書" and sought ways to rationally enforce criminal law and prevent unjust prison cases.

This was part of efforts to improve the judicial system at the time and is considered an important guideline for fair trials. In modern society, securing fairness and trust in the judicial system is an important task, and legal measures such as the revision of the Criminal Procedure Act have been taken for this purpose.

The Criminal Procedure Act, revised in 2020, stipulates that the suspect interrogation record written by the prosecutor is not accepted as evidence if the suspect denies its contents. This was a measure to strengthen the suspect's right to defense and increase the fairness of the prosecution's investigation.

However, the Constitutional Court of Korea recently ruled in the impeachment trial of President Yoon Suk-yeol that, unlike in criminal trials, even prosecution records denied by the parties can be accepted as evidence. This decision is considered to be in conflict with the purpose of the 2020 revision of the Criminal Procedure Act and is causing controversy.

President Yoon's side criticized this as a "regressive decision" and raised the question of whether the Constitutional Court, which is an institution that must follow the Constitution, is deceiving the people and violating the Constitution.

In addition, if such rulings are repeated, the people will inevitably have doubts about whether they can trust the decisions of the Constitutional Court. In particular, if a judgment lacking legal consistency is made, it could have a negative impact on the fairness and reliability of the entire judiciary.

The law must develop in accordance with the needs of the times, but at the same time, it must be operated based on public trust. There are criticisms that the Constitutional Court's decision this time needs to be reexamined not only in terms of legal legitimacy but also in terms of public trust.

In order for the judiciary to restore fairness and trust, rational and consistent application of the law that the public can accept is essential. The interpretation and application of the law should not vary depending on specific political situations, but should maintain universal principles and consistency in order to gain the public’s trust.

The principle of fair trials emphasized by Dasan Jeong Yak-yong is still valid today. In a modern democratic society, the law should not be for the benefit of a specific group or individual, but should be a tool for the trust and realization of justice for the entire public.

Deep reflection is needed on whether the recent decision of the Constitutional Court has balanced the two factors of legal legitimacy and public trust, and more careful and consistent judgment is required in the future operation of the judiciary.