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‘Martial law declaration went beyond tolerance and restraint,’ says Justice Moon Hyung-bae in farewell lecture

입력 2025.04.18 17:08

Park Jun-cheol
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Moon Hyung-bae, acting Chief Justice of the Constitutional Court, delivers a lecture at Inha University Law School in Incheon on April 17, a day before his retirement. Courtesy of Inha University

A day before stepping down, Moon Hyung-bae, acting Chief Justice of the Constitutional Court, delivered a special lecture at Inha University in Incheon. Moon spoke to students of the law school on April 17 under the theme, “The Path of a Legal Professional: Soul, Creativity, and Communication,” according to the university.

Regarding the concept of “Soul,” Moon emphasized the importance of continuously reflecting on the question, “Why did I choose to become a legal professional?”

He cited American philosopher and poet Ralph Waldo Emerson, saying, “To know even one life has breathed easier because you have lived. This is to have succeeded.”

On “Creativity,” Moon defined it as something original and appropriate. He shared personal anecdotes, such as a case where a court ruling changed after an on-site inspection, and another where a public observer in a courtroom ended up participating like a juror in a mediated resolution and made a decision that was accepted by the parties.

For “Communication,” Moon described it as the ability to break through blockages and make something like water flow. He stressed the importance of attentive listening and clearly expressing one’s thoughts. The justice also introduced the history and notable cases of the Constitutional Court, asserting that the Constitution must function as a norm in everyday life.

During the Q&A session following the lecture, Moon also shared his thoughts on the recent Constitutional Court decision regarding the impeachment trial of former President Yoon Suk-yeol.

When asked about the direction Korea should take following months of division and turmoil, he answered, “Tolerance and restraint.”

He explained, “Tolerance is respecting those with different opinions, and restraint is the proper use of power by those who have it. Without these two, democracy cannot progress.”

Moon said, “Some say impeachment is within the opposition’s rights, so there’s no problem, and by that logic, isn’t martial law declaration the president’s prerogative? But that’s not how we reach answers.” He added, “The Constitutional Court found that impeachment had not overstepped the bounds of tolerance and restraint, but the declaration of martial law had.”

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Moon also said, “Rights granted to the opposition must apply equally to the ruling party, and the restraint expected from the ruling party must also be recognized for the opposition, and that is true integration. If the principles applied to me and to you are different, how can integration be achieved?”

The justice concluded by saying, “Let us hold on to that sense of integration. That was the message behind the impeachment ruling. That’s why it took so much time.”

※This article has undergone review by a professional translator after being translated by an AI translation tool.