I conclude my six-year term as a judge today. I pay my respects to the eight judges who journeyed with me. Thanks to the dedication of the members of the research department, including the chief research officer, and the members of the secretariat, including the chief secretary, I was able to finish without any major issues. Thank you. I also extend my special thanks to the members of the Power Tennis Club, including Mr. Yeon-ha, and the members of the Ttudong Club, including Ms. Shim.
Since we have gathered here, I would like to make just one remark. I believe that the Constitutional Court must make decisions that possess factuality and validity to fulfill the mission granted by the Constitution. To do this, I think the following three elements need to be supplemented.
First, the composition of the judges must be diversified. To avoid falling into the trap of groupthink and to examine issues from various perspectives, it is necessary to diversify the composition of the judges. I believe that pathways should be opened for those with substantial constitutional practical experience, such as constitutional researchers or professors, to become constitutional judges.
Second, deeper conversations are needed.
Deeper conversations are needed between judges, between the court and the research department, and between current judges and past judges. Conversations include the process of listening to others' opinions and the process of reflecting on and modifying one's own opinion after listening.
Third, respect for the decisions is needed.
While scholarly criticism of the Constitutional Court's decisions should naturally be allowed, personal attacks like ad hominem should be avoided. In presidential systems, it is often said that when conflicts escalate between the president and the National Assembly, and political solutions through dialogue and compromise are thwarted, there are no mechanisms to resolve the deadlock. However, according to the design of the Constitution of the Republic of Korea, pathways are opened for the Constitutional Court to make decisions with factuality and validity in procedures like disputes over authority, and for constitutional institutions to respect these decisions, thereby resolving the deadlock. The path of the Constitution based on checks and balances will be further strengthened through respect for the decisions of the Constitutional Court.
In summary, when the composition of the judges is diversified, deeper conversations take place, and respect for decisions is established, the Constitutional Court will be able to fulfill its constitutional duty of social integration.
Lastly, I would like to thank my family, including my wife, my high school alumni, and everyone who supported me, both visibly and invisibly, including Mr. Kim Hwon-joo. I will return as a citizen and cheer for the Constitutional Court in my own way.
Apr. 18, 2025.
Judge Moon Hyung-bae of the Constitutional Court