by Kim Pyung-woo (Attorney and Former Head of Korea Bar Association)

The rule of law and democracy in Korea are in the midst of a crisis. The news media, academia, and the legal establishment have already turned leftwing long ago, and the police have turned into servants of the leftwing factions.
 
Now the final targets of leftwing forces are businesses. Businesses have no choice but to adhere to the orders of leftwing forces, not because they want to, but because they need to stay in business. In the 1990s, Hyundai Group founder Chung Ju-young appeared at a National Assembly hearing and said these famous words: “The reeds bend in the direction of the wind.” This is the sad reality facing Korean businesses.
 
Korea emerged from dictatorship in 1987 and evolved into a model democracy that holds two elections a year on average, but when it comes to powerful politicians wielding their clout over businesses, not much has changed.
 
The freedom and rights of individual citizens have improved by leaps and bounds with five presidents being elected by popular vote since 1987. And small and mid-sized companies have seen huge improvements in business conditions. But big chaebol companies remain targets of exploitation.
 
This exploitation is not restricted to only to conservatives or liberals. I wonder if the real reason that Korean politicians are so hungry for power is not because of honor, political conviction, or concern for the welfare of the people and the wellbeing of the country, but because they want to gain control in order to ensure a good life for their family and political group, just like North Korean nation founder Kim Il-sung and his family did. That's the only explanation. In the end, this is the reality facing Korea, the 15th-largest economy in the world. (An arrest warrant sought against Samsung's Lee Jae-yong was rejected, while arrest warrants against Cho Yoon-sun and Kim Ki-chun were approved, probably because of this way of thinking.)
 
The only remaining target is the president. If they wrest control from the president, the leftwing forces (they do not deserve to be called progressive for they do not represent anything new), the power grab is complete. For the first time since the founding of the Republic of Korea in 1948, we will see the birth of a completely left-wing regime that controls the National Assembly, the government, the judiciary, the police, the media, the judiciary, culture, labor unions and businesses. (During President Kim Dae-jung’s administration, the conservative camp dominated the National Assembly, while conservative news media held sway during the Roh Moo-hyun administration, even though left-wing lawmakers held a majority of seats in parliament.) The Republic of Korea is standing at a major crossroads in history.
 
 
The Republic of Korea, which was established according to the American principles of freedom, rule of law and democracy, stands at a crossroads with one way pointing to the upholding of those very principles and the other path pointing to the outdated ideology of democracy, nationalism and populism. We risk falling into the Muslim-style dictatorship seen in Turkey.
 
At any rate, polls show 80 percent of the public believing that the president will be impeached and new elections being held in one or two months. The left-wing forces are busy. Moon Jae-in, who spearheaded the latest political upheaval, will run for president again as he did in 2012 and failed. That means the media, legal establishment, artists, police, labor unions and various civic groups have begun to line up behind the left-wing forces, while big businesses are moving to fund the massive and informal pre-election campaigns.
 
Who are the conservatives capable of countering this? The Saenuri Party is in total disarray. They rallied behind Park when she ran for president and threw her away when she was no longer of use in the final year of her presidency after falsely accusing her of receiving W70 billion to W80 billion in bribes, forcing her to face an impeachment trial. And now they are looking for another presidential candidate to safely rally behind.
 
Every so-called conservative in our country asks which candidate will become the next president. In my view, conservatives in Korea are very naive. They do not use their brains to make their own judgments. They simply follow the majority view. They simply get in line behind the strongest candidate in order to cover their backs. As long as the Constitutional Court fails to dismiss the impeachment bill and as long as the rule of law is not restored, no conservative candidate will win the next presidential election.
 
Think about it. Prime Minister Hwang Kyo-ahn, who is acting president, will find it difficult to give up his position and run for president, since he will have to oversee the election process of Park is impeached. He will face severe criticism if he abandons ship and runs for the top office as the nation is in crisis mode.
 
I don’t know much about politics, but I do know the law. This is no time for Hwang to be dreaming about running for president. As acting president, his priority is to fire the independent counsel who is ignoring the basic constitutional rights of individuals and indicting incumbent ministers and corporate chiefs, driving the entire nation under a reign of terror.
 
Those who encourage the acting president to run for the presidency, those who organize and make business cards and even those who collect campaign money, can be accused of violating pre-election campaign regulations. The acting president must ban them. Such acts could give the independent counsel an excuse to continue with his reign of terror.
 
That does not mean I am backing another conservative candidate for president. Under our laws, the presidential election campaign is limited to just 23 days. And parties must nominate their candidates first. That means political parties will be able to hold rallies calling for support.
 
On the other hand, a political newcomer who does not have the backing of an established political party needs to be recruited as a presidential candidate by a political party. Would it be an easy task to recruit outsiders and nominate them to run for the presidency on the party’s ticket? In addition, the Saenuri Party is a mess right now. How could a paralyzed Saenuri Party be able to recruit a fresh face to run for president on its ticket? They will eventually create a new party. That requires the drafting of new rules and policies and the organization of hundreds of districts and headquarters nationwide. That would require a lot of money. How would Hwang, who has been a career bureaucrat, manage to raise that kind of money?
 
They would have to raise money from businesses, but that could result in criminal charges if any mistakes are made. If the left-wing forces gain control of not only the news media, but police, prosecution and even the National Intelligence Service (the independent counsel apparently plans to investigate the NIS chief), they will dominate information, which is key to winning elections. What company in its right mind would dare donate money to the Saenuri Party’s campaign? Who would be bold enough to volunteer for that party?
 
It is nearly impossible for a political newcomer to win a presidential election according to present election regulations. Lee Hoi-change almost pulled it off in 1997, but failed after it became a three-way race after conservative candidates left to form their own camps. Existing political parties capped the presidential campaign season to just 23 days, which is unheard of around the world, in order to make it impossible for newcomers to win. That limits the number of candidates who are capable of surviving the race.
 
Fair elections are only possible if there are fair laws. This is why I have been preaching all along that there can be no democracy if there is no rule of law. This is why I am publishing a book based on my writings contributed to Chogabje.com about my opposition to the presidential impeachment.
 
This is not the time for our people to plan a presidential election and wonder about which conservativecandidate to support. The president must be freed from the shackles of impeachment in order for the rule of law to be restored, for the media to get back in the right direction, and for the judiciary to operate normally. That is the only way to stop Moon Jae-in and his left-wing forces from realizing their scheme to wrest control. Only then will businesses be able to breathe safely. That will enable presidential elections to take place as scheduled in December so acting president Hwang can commit himself to campaigning. Other conservative candidates would also be able to run with confidence.
 
What must come first is the restoration of the rule of law. In order to do that, the despotic independent counsel must be fired so that a fair trial can take place. And we must all take part in the movement to oppose the presidential impeachment. We need to come together as our founding fathers did when they sought to establish the Republic of Korea after independence from Japanese occupation.
 
Jan. 21, 2017