Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

unlawful investigation of a civilian allegedly suspected to have a financial connec-


tion with the former president Roh Moo-hyun, delays in the investigation allowed


those officials to dispose of important evidence such as computer records. As far as


the intelligence service’s abuse of power is concerned, two recent cases can be


mentioned. First, the National Intelligence Service (NIS) filed a defamation suit


against a famous civic activist and now Seoul mayor, Park Won-soon, for his


accusations of NIS’s unlawful inspection of civilians. On December 12 , 2011 , the


Civil Proceedings Panel 13 of Seoul Appellate Court rejected the NIS’s appeal


challenging the inferior court’s denial of the case. Second, it was revealed that


agents of the Defense Security Command (DSC) had unlawfully been inspecting a


professor for a couple of years.^60


Three interconnected reasons may explain the continuation of this unpleasant


practice. First, the tendency toward “conviction politics,” where presidents


imposed their personal beliefs or ideologies in deciding and implementing state


policies, made inroads into the development and functioning of the organized


public sphere, the National Assembly and political parties, as well as public


administration.
61
President Lee Myong-bak, who stepped down on February 24 ,


2012 , after his five-year term, has been criticized as having a political style that tends


to ignore the National Assembly and the public sphere in the process of setting and


managing the national agenda.


Second, official public administration is controlled or influenced by those within


the president’s inner circle. “The circle of real power,” trusted by presidents, tends


to play an important role in the decision-making process and the appointment


of high-ranking officials and directors of government-involved corporations.


Ministers; high governmental officials, including the head of the information


agency; and even high-ranking prosecutors jockey for connections to “the circle


of real power.” As soon as President Lee Myong-bak came to power, a number of


core members of President Lee’s inner circle were named in political gossip.


For example, Lee Sang-deuk, the president’s elder brother and six-term lawmaker,


was finally indicted for political bribes in 2012 , and Park Hee-tae, a member of


the “Six Elders” who were the top political advisers to presidential candidate Lee at


the presidential election, resigned as the Speaker of the National Assembly because


of his involvement in the distribution of envelopes containing KRW 3 million


during the ruling GNP’s leadership election campaign in 2008. Choi Si-joong,


another member of the Six Elders, also resigned in disgrace as chairperson of the


Korea Communications Commission because of his core aide’s corruption in early


(^60) SeeDong-A IlboEditorial, “Must root out the notorious practice of unlawful inspection of
civilians by the Defense Security Command” (in Korean), November 1 , 2011 , available at
http://news.donga.com/ 3 /all/ 20111101 / 41541937 / 1.
(^61) See Sug-Min Youn, “The crisis of communication and the media in Korea” (in Korean),
Symposium of the Korean Society for Journalism and Communication Studies (Proceed-
ings), Vol. 2011 ,No 5 , pp. 203 – 7.


96 Kim

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