New justice could take Supreme Court further to left

By Kim Se-jeong

Supreme Court Justice Lee Heung-ku

A former appeals court judge in Busan, Lee Heung-ku, joined Korea's Supreme Court Tuesday as a justice, indicating that the top court could be tilted further toward the left.

Justice Lee replaced the conservative Justice Kwon Soon-il who retired on the same day.

Studying law at Seoul National University, Lee joined the anti-government movement during the Chun Doo-hwan administration in 1985 and was sentenced to prison for on charges of threatening national security. Retired Justice Kwon was one of the presiding judges hearing his case.

In 1987, he went back to school after being freed and passed the bar exam in 1990.

The legal community in Korea considers his appointment, in the face of his anti-government activity and conviction, unprecedented.

Lee was also an active member of a law study group among judges known for its liberal views.

By appointing Lee, President Moon Jae-in has appointed 11 of those in the 14-justice court in three years. Among the 11, six have a record of engagement in liberal groups, such as Lawyers for a Democratic Society.

"After three years in office, Moon made the majority view of the Supreme Court," according to an anonymous lawyer who had worked for the Supreme Court previously.

President Moon is also expected to appoint two other justices during his remaining tenure to replace two more conservative justices.

This ability makes Moon very fortunate because presidents often wish to appoint judges to the Supreme Court who are in line with their political beliefs and some presidents end their terms having had no opportunity to do so.

In response to their appointments the justices often respond to the presidents' calls for support. In a way, it is the natural interest of sitting justices to do so because the tenure of a Supreme Court justice is only six years ― or up to 12 years if reappointed.

In Korea, the President appoints Supreme Court justices who go through a confirmation hearing at the National Assembly to be formally appointed.

Occasionally, presidents appointed those who had personal connection with them, drawing backlash from the public. Former President Roh Moo-hyun appointed his former legal representative as a justice.

The conservatives complained that filling the top court with left-wing justices will damage its credibility.

They also argued the Supreme Court under President Moon is particularly biased in favor of the President, especially in a case involving Gyeonggi Governor Lee Jae-myung and a case involving the Korean Teachers and Education Workers Union.

Sending the case back to the appeals court, the top court said last week that former President Park Geun-hye's attempt to outlaw the teachers' union had no legal grounds and gave the group the chance to regain its legal status.

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