The Evolution of Korea's Judicial Recusal Standards

Courts, which have no control over the purse or the sword, must rely on public support to enforce their decisions. Public support does not exist without public confidence, and the public has no confidence in a judicial system which does not appear impartial. Public suspicions of bias sap the judiciary's effectiveness as an arbitrator of disputes and a check on the government's abuse of power. These concerns are particularly important to South Korea. With its relatively recent move to democracy, the country needs a vigorous judiciary to balance the legislative and executive branches. Additionally, in Korea's civil law system, judges act as investigator, fact-finder, and ultimate decision-maker, multiplying the significance of their image. Controversies continue to surround judicial impartiality in Korea. The procedure for disqualifying judges contributes to this poor image by permitting allegedly biased judges to dismiss recusal motions filed against them. This paper seeks to better understand and improve Korea's judicial recusal procedure.