민주적 대화와 인정투쟁의 장이 된 사법의 성찰

Recently recognized as a distinct phenomenon in the justice arena ① the public’s request for democracy, awakened by a series of scandals involving abuse of power in the administration of state and judicial affairs, and ② criminal suits filed by victims (the Other) of power abuse by people in position of seniority (the One) in various social organizations including churches, businesses, and the military, that ensued from the wave of #MeToo lawsuits. The key issues of these phenomena much resembles the major agendas of the 68 Revolution that took center stage in France, i.e., revitalization of democracy and expulsion of authoritarianism that permeates the ordinary space. Few philosophers suggested theories in an attempt to introduce practical alternatives to societal changes that unfolded before and after the 68 Revolution: Habermas, through the discourse theory, and Honneth, through the theory of recognition. These theories have power to give a fresh viewpoint on the society and state, and rights and legal system as a whole. This paper first briefly recapitulates the discourse theory and the theory of recognition, and based on this overview, attempts to explore new perspectives by which Korean judicial system can build democratic justice and restorative trial in response to the current situation. The process of resolving the case involving workers at Samsung’s semiconductor plants who developed leukemia will be examined in the perspective of the discourse theory and the theory of recognition. Hopefully, such theoretical considerations will provide important implications for settlement of the actual case.