단상斷想

Recently, Moon Hyung-bae, former acting Chief Justice of the Constitutional Court, has been frequently appearing in the media. In particular, he drew the attention of the political world at once by saying, "Read the Constitution," regarding the controversy sparked by President Lee Jae-myung's remarks on the 17th that "elected power is superior to appointed power."

In a broadcast, former Acting Chief Justice Moon said, "The judiciary was created according to the Constitution to check the executive and legislative branches," and "Judicial rulings may make the executive and legislative branches uncomfortable, but the judiciary's authority is given by the Constitution, so it must be respected." In response, the Democratic Party of Korea seems quite 'scratched' by Moon's remarks, which directly contradicted President Lee Jae-myung's remarks about the superiority of elected power.

On the 17th, Representative Min Hyung-bae posted on Facebook an article titled, "Former Justice Moon Hyung-bae, are you uncomfortable with the statement that 'there is a kind of hierarchy' in power?" Representative Min asked, "Should we just respect and stay still with the behavior of people like Cho Hee-dae and Ji Gwi-yeon?" The Democratic Party's immediate response to former Acting Chief Justice Moon's remarks is likely a preemptive move to block him from becoming a kind of 'obstacle' to the future judicial reform 추진.

The 'political weight' that Acting Chief Justice Moon possesses is also proving to be a considerable obstacle to the Democratic Party's judicial reform. Acting Chief Justice Moon rose to become a 'national hero' overnight when he read the Constitutional Court's order during the impeachment of Yoon Seok-yeol. In particular, there were suspicious remarks about the Constitutional Court as various dissenting opinions emerged regarding the impeachment of Yoon Seok-yeol.

However, at the time, Acting Chief Justice Moon emerged as a decisive figure who completely dispelled the public's concerns about the impeachment being dismissed and led to a unanimous decision by all the judges to approve it. The public praised Acting Chief Justice Moon's 'courage' and 'firmness,' and he emerged as a 'respectable elder' in our society.

As the main figure who led the 'impeachment of Yoon Seok-yeol,' former Attorney General Moon also gained a refined image as the last guardian of justice in our society. In the process, he also gained the frame of a constitutional guardian, along with his stance as a politically neutral person who does not lean towards either the progressive or conservative side.

So far so good. Until former Attorney General Moon remained an 'adult' in our society, backed by national trust. However, looking at former Attorney General Moon's recent actions, one can sense the shadow of 'politics' flickering in his appearance.

The former acting president disappeared after the Constitutional Court read out the final order on April 4. At this time, it was true that the image of Moon was further enhanced because it seemed that he was practicing the positive practice of the legal profession that 'a judge speaks only with a judgment.'

However, former acting president Moon could not stand it for a month and appeared in the media. He visited Jinju, Gyeongnam in May after the impeachment of Yoon Seok-yeol, and took public steps to meet Mr. Kim Jang-ha, who gave him a scholarship. The shape was that former acting president Moon was visiting his benefactor from his school days, but all eyes were on what kind of story he would tell about the impeachment decision.

As expected, Acting President Moon revealed the process leading up to the impeachment verdict of Yoon Seok-yeol in relatively great detail. At the time, Acting President Moon made remarks such as, "I'm trying to create a unanimous agreement... it would be good to have a unanimous agreement even if it's a little late," "I tried to coordinate to include even minority opinions into the majority opinion," and "Faster people have to wait for slower people."

It was the moment when the situation of the Constitutional Court's impeachment decision being continuously delayed and the questions surrounding the unanimous approval were resolved at once. Also, when Elder Kim Jang-ha asked, "What if a noisy minority dominates a quiet majority?" Acting President Moon replied, "Wouldn't a leader appear?"

In fact, his words were a general and ceremonial answer, but at the time, his statement that "a leader will appear" leaves a strange nuance from the current point of view. A month later, former Acting Chief Moon expressed his opinion on increasing Supreme Court justices and reforming the appeal system on MBC radio's "Kim Jong-bae's Focus," saying, "Discussion is needed rather than a decision."

From this time on, former Acting Chief Moon cautiously began to express opinions containing a 'cautious mode' or opposing nuance regarding various judicial reforms being discussed in the Democratic Party. But what definitively caught my attention as a sign of 'Moon Hyung-bae's ambition for the presidency' was his appearance on 'Sohn Suk-hee's Questions' on August 27.

Of course, former Acting Chief Justice Moon can give media interviews as a private citizen (he has been taking a restrained approach, even refraining from practicing law after his term as Acting Chief Justice of the Constitutional Court). But who is Sohn Suk-hee? He is, of course, a journalist, but his 'neutral' image makes him a potential presidential candidate coveted by both the ruling and opposition parties.

It is impossible to know exactly when former Acting Chief Justice Moon began to take an interest in politics, but the fact that he carefully selected 'Sohn Suk-hee' from among the media outlets suggests that he is quite interested in political image-making. In the interview, former Acting Chief Justice Moon also showed his meticulousness by giving Sohn Suk-hee another 'scoop' that he had not revealed before.

He mentioned that he practiced reading the impeachment verdict order (“We dismiss the respondent, President Yoon Seok-yeol”) four times, looking at the camera before the order was given. He also added that the '8-0 unanimous' citation was actually decided by a single vote. Recalling the time of the sentencing, his expression that "it was a moment I don't want to experience again" was also read as wording that reminded us that he had decisively contributed to the impeachment citation.

In fact, various behind-the-scenes stories surrounding the impeachment of Yoon Seok-yeol were only leaked little by little by former Acting Chief Justice Moon. A kind of 'heroic tale' was also recounted by himself. No other constitutional justice other than former Acting Chief Justice Moon made any mention of Yoon Seok-yeol's impeachment, so his remarks were bound to stand out even more, and from some conservatives, a sharp reaction began to emerge, saying, 'Isn't former Acting Chief Justice Moon Hyung-bae enjoying playing the hero alone?'

Even within the progressive camp, disgruntled voices have emerged, saying, "Moon Hyung-bae is enjoying the 'impeachment marketing' all by himself." In particular, recently, regarding the controversy over the superiority of elected power, he made statements that seemed to defend the 'vested rights' of the judiciary, leading to criticism that "in the end, Moon Hyung-bae is just a self-seeker trapped in the vested interests of the judiciary." Former Acting Chief Justice Moon has been actively giving interviews to various media outlets such as the Hankook Ilbo and SisaIN about the behind-the-scenes stories of the impeachment decision.

So, what about the presidential candidate competitiveness and potential of former Acting Director Moon Hyung-bae? For now, we must respect the fact that he has consistently answered the question of political challenge by saying, "I have no intention of doing politics. Don't worry." However, if the People's Power is driven to the point of unconstitutional party dissolution and an unprecedented situation arises where the conservative party collapses, there will be no choice but to find a 'new owner' to rebuild the collapsed house.

If the worst crisis hits the conservative party, Moon Hyung-bae's value could also change. Of course, if he were to challenge for the presidency, he might choose the Democratic Party. However, as of now, given that he is based in Yeongnam (born in Jinju, Gyeongnam) and stands in opposition to President Lee Jae-myung regarding judicial reform, it is more likely that he will choose the People's Power.

Of course, it is highly possible that Acting President Moon will not challenge politics and will remain a 'respected elder' in our society until the end. However, given that Acting President Moon has recently shown a series of 'media play' and participated in the sensitive issue of judicial reform, he is playing the role of a complete politician.

The particularity of Moon Hyung-bae's challenge to the presidency is highly likely to become more generalized if an unprecedented political upheaval occurs, such as the complete collapse of the conservative People Power Party. If he challenges politics, the saying, 'Is it so difficult for us to have such a respected elder?' may come out.