In 1987 the Sixth Republic of Korea was established as a democratic government and Roh Tae-woo was elected as the first president; however, it was not until 1998 that the first peaceful transfer of power between opposing parties under a democratic process occurred when Kim Dae-jung became president. Prior to that event, the Korean people had lived under various forms of authoritarian government since time immemorial. While some of those past regimes, such as the Joseon dynasty, are viewed through the rose-colored lens of pride and patriotism, they were still regimes in which the average
citizen had to strictly follow the orders and the rules dictated by those above them. In the northern half of the Korean Peninsula, people still suffer under an archaic system of communist dictatorship; however, in the southern half of the peninsula the Korean people have entered the 21st century as members of a vibrant democracy. Despite this achievement, and perhaps due to its recentness, it often appears as though many people in South Korea are confused about what the rights and duties are for members of a democratic society. Perhaps it is simply relief at being able to pursue one’s own wishes in life after years of fearfully following the orders of the dictators, but too many now living in South Korea ignore the rule of law on a daily basis to the chagrin of those around them.
Who are these individuals? They may be you when you push in front of people younger than you at the bank or the coffee shop, when you drive your black car to the front of the line or run the red light in your haste. It is bus drivers and truck drivers who use the size of their vehicles to intimidate the cars around them and it is drivers of regular cars who use the bus lane. It is motorcycle delivery drivers who use the sidewalks as their personal highways. It is legislators who refuse to follow the democratic process and boycott meetings, block podiums and throw teargas canisters in an attempt to disrupt the workings of democracy. It is prosecutors who take favors from lawyers and lawyers who give those favors to prosecutors in order to influence their cases. It is former judges who use their connections to win every case regardless of merit. It is professors and teachers who use their position to violate their students and it is students who use their position as seniors to violate their juniors. It is anyone who demands special treatment above the fellow members of their democracy, for the underlying basis of democracy is the equality of every member. There are no senior or junior members of a democracy, there are no elder members of a democracy; there are only members.
Thus living in a democracy does not mean the rules of law no longer exist or that they only exist for some, it means that we all participate in making the law and we all must abide by the law. When we choose our representatives we are exercising our right to decide how society should be structured and whether the society should be more liberal or more conservative, but we do not choose lawlessness or a lack of structure. After an election is decided the average citizen retains the right to petition the government for redress in the courts or to organize lawful protests, but we do not have the right to commit violence against society, other members of our society or those entrusted with protecting our society.
So how can an individual citizen living in South Korea make a difference when even National Assembly members flout the rule of law? Perhaps it is as simple as stopping for every red light, regardless of whether your car is an Equus or a Matiz and regardless of whether you drive a black, white, red or a bright yellow vehicle. Wait for the signal at a crosswalk instead of boldly stepping in front of cars and buses. Do not push your way to the front of the line but exercise patience and wait for your turn at the bank or the coffee shop. Do not ask for cash discounts in an attempt to benefit from the evasion of taxes that are rightfully due to the government and do not offer cash discounts in an attempt to evade the taxes you rightfully owe. If you bump the stranger next to you murmur a brief apology instead of just pushing on. Practice these actions everyday and ask that others practice them as well. The result will surprise you and a smile will come to your face when you experience respect and kindness graciously given to you as an equal. For you too will benefit when the person before you holds the door as you enter the building, when you are allowed to conduct your banking or buy your coffee in the order in which you arrived, and when the road is not blocked by drivers too impatient to wait at the red light.
By Daniel Fiedler
Daniel Fiedler has been a professor of law at Wonkwang University in Iksan, South Korea since late 2007. Before coming to Korea he was an M&A tax attorney at Howard Rice law firm in San Francisco. ― Ed.
