In South Korea’s case, the politicization of the court system serves as a prime example of this subtle subversion. To date, Moon has named 10 of the fourteen-member Supreme Court and will have an opportunity to appoint three more before the end of his term. He has also named eight of the nine judges to the Constitutional Court. Many of these appointees have left-wing connections, and some even openly echo the administration’s rhetoric to “expel deep-rooted evils.” Many of the judges and prosecutors were appointed from partisan positions, and many have entered politics immediately following their tenures in law using a loophole in the 2017 amendment of the Korean Prosecutor’s Act.

The appointments follow the letter of the law and fall within the purview of the executive office, but the clear partisanship at work is at odds with the spirit of democratic tradition. While it technically breaks no laws, it calls into question the impartiality of the courts, the legitimacy of the law, and the separation of powers within the government.

Similarly, the administration plays favoritism with the standards of free speech, another essential element of democracy. Free speech and a politically active society served Moon Jae In well in 2017 when protestors and an ultra-loyal cohort of civically-engaged citizens propelled him to victory. But in 2018, Moon’s government declared a “war on fake news.” Rather than expunge falsehoods, it used this effort to stifle voices critical of the administration both in and outside of Korea. In February 2020, the Democratic Party sued a professor for her newspaper op-ed urging people to vote against Moon. In 2018, the U.S.-Korea Institute, a Johns-Hopkins-affiliated think tank, closed after the Moon administration ended financial support to the institution, citing concerns its directors were “too conservative.”

These actions are indications that Korea is slipping towards a “democratic depression,” says Shin. “Both the spirit of democracy and actual liberal-democratic standards are under attack,” he writes. “Opponents are demonized, democratic norms are eroded, and political life only grows more polarized.”

Left shaken by COVID-19, the trajectory of the country is uncertain. Still in control of the executive, with supportive judges stacked in the judiciary and control of a majority of seats in the legislature, there are few checks left to balance Moon’s ambitions and aggressive reforms. Though he was elected as a champion against corruption and authoritarianism, Moon’s dismantling of democratic norms now leaves him teetering on the edge of becoming the thing he promised to eradicate.

On whether or not Korea can arrest its slide towards a democratically-sanctioned regime, Shin says, “For Korea to have a chance at overcoming the polarizing forces that are pulling it apart, the president must hold himself to a higher standard. Nothing but democratic ideals hold the power to revive a politics of concord big and strong enough to contain the politics of anger and revenge.”

Read the full article at the Journal of Democracy.

On April 15, 2020, South Korea became the first country in the world to hold a national election amidst the coronavirus pandemic. Gi-Wook Shin, APARC's director, joined the Korea Society's Stephen Noerper and Jonathan Corrado for an open analysis of the election results and its implications.

While the safe execution of the election is certainly a success, Shin cautions that the real challenge for Moon Jae-In's reelected administration will now be to bolster the Korean economy.

“Even before the health crisis, the Korean economy was going through a very tough time . . . My worry is that the [Moon administration] might interpret the election outcome as a confidence vote on their policy, and they might push forward more aggressively even though the performance of the last three years has not been that great.”

Watch Dr. Shin's full analysis and commentary with the Korea Society below.

In October's Journal of Democracy, Shorenstein Asia-Pacific Research Center director Gi-Wook Shin and 2016-17 Koret Fellow Rennie Moon examine Park Geun Hye's fall from power and impeachment, the challenges facing President Moon and the Democratic Party, and what it all spells for the future of Korean democracy.

As expected, Moon Jae-in has been elected as South Korea’s 19th president. In a five-way contest, Moon garnered 41.1 percent of the vote, with strong support from those in their 20s to 50s, winning most of the regions in the country. 

South Koreans’ longing for change had been expressed through the now-famous candlelight demonstrations that lasted for almost twenty consecutive weekends culminating in the impeachment of now former president Park Geun-hye. It was also reflected in the highest voter turnout in two decades, at 77.2 percent.

Just hours after his decisive victory, Moon began his five-year term without the usual practice of a transition team. Moreover, he took office during turbulent times — domestically and internationally — perhaps even more so than when former president Kim Dae-jung took office in 1998 when the nation was struggling with the Asian financial crisis.

First and foremost, Moon must deal with the mounting social and economic challenges that the country is facing. Having entered a period of low-growth coupled with an aging population, the economy confronts a host of difficult issues, including high levels of youth unemployment, income inequality, household debt, elderly poverty and rising social welfare expenditures.

The Moon administration immediately established a ‘job creation committee’ and pledged to create 810,000 jobs in the public sector. But it will not be easy to amass the financial resources needed by a government already struggling with serious budget deficits. Most agree that ‘economic democratisation’ is needed, but the details of how to achieve that — including reforming the chaebol — remain unclear.

Economic uncertainties have been a key factor contributing to social unrest. Words in vogue among South Koreans in their 20s and 30s reflect the social discontent with youth unemployment and inequality that ultimately erupted in the demonstrations.

‘Hell Joseon’ captures a sentiment of what it means to live in South Korea’s hellish reality. ‘Golden Spoons Dirt Spoons’ levels the charge that one’s life course is decided for good by one’s family background. ‘Gapjil’ refers to acts of impunity by the powerful against the weak, while the ‘Sampo generation’ is a generation forced to give up three things: courtship, marriage and children. If Moon fails to live up to the expectations of the country’s youth, a bloc that widely supported him, social discontent and symptoms of unrest will likely return.

Moon also faces daunting tasks in national security matters. North Korea has continued to develop weapons of mass destruction and relations have been all but completely severed. As controversy over the deployment of THAAD (Terminal High Altitude Area Defense) has shown, South Korea remains caught in the middle of a hegemonic struggle between the United States and China.

If that wasn’t enough, South Korea made a deal with Japan on the comfort women issue in late 2015 but the public now demands its renegotiation. South Korean–Russian relations are also at their grimmest. To top it all off, Moon must deal with a formidable set of nationalist and populist leaders — Donald Trump, Xi Jinping, Shinzo Abe, Kim Jong-un and Vladimir Putin — all known for their very strong characters, in stark contrast to Moon’s nice-guy, everyman personality.

The most urgent but also most challenging task is managing inter-Korean relations. As Pyongyang steps up its nuclear and missile programs, Seoul must reaffirm to the international community that it will continue its efforts to denuclearise the North. At the same time, relations between the two Koreas must be improved to strengthen South Korea’s strategic position in the region as well as reduce tensions on the peninsula.

Trump has been sending out confusing messages probably because he has no suitable plan to deal with Pyongyang. As such, if Seoul were to bring to the table a persuasive policy of engagement, Washington would be receptive unless it weakens US efforts towards denuclearisation. Both Beijing (pressured by Washington to solve the North Korean nuclear issue) and Pyongyang (concerned about becoming overly dependent on China) would welcome Seoul taking the initiative to improve inter-Korean relations.

Some pundits at home and abroad worry that the Moon administration might follow in the footsteps of the Roh administration (2003–2008), whose outcomes lagged too far behind its good will to bring about reform. Moon served as Roh’s chief of staff and the two administrations overlap in manpower. But Moon and his team have also learned many lessons from the trial and error of the Roh administration, preparing themselves over the past ten years of conservative rule.

With the new administration in place, political turmoil over the last six months has finally ended. Moon’s first moves as president, including key appointments in the Blue House and opening up communication channels with the public, have been well received. A public poll conducted by Gallup Korea one week after the inauguration showed that 87 percent of the respondents expected him to do well. Despite mounting challenges, South Koreans remain hopeful that their new leader can take the nation to the next level.

This piece was originally carried by East Asia Forum on May 23, 2017, and reposted with permission.

Researchers urge Moon Jae-in to form a close working relationship with Donald Trump and to establish a new special envoy role for North Korea policy emulating the “Perry Process”

Researchers from the Shorenstein Asia-Pacific Research Center (APARC) said they are optimistic about the election of South Korean president Moon Jae-in who assumed office last week following waves of protest across the country.

Now that the vacancy left in the wake of former President Park Geun-hye’s impeachment has been filled, the South Korean government needs to work to strengthen bilateral relations with the United States amid escalating tensions in Northeast Asia, they said.

The Moon administration should immediately engage U.S. President Donald Trump and his senior staff at the White House and government agencies, said Kathleen Stephens, the William J. Perry Fellow at Shorenstein APARC.

“Moon would do well to establish a personal relationship with Trump,” said Stephens, who was U.S. ambassador to South Korea from 2008 to 2011. “The new administration must set up a meeting as early as possible and be ready to engage on a range of issues.”

“In a sense, Moon has to play catch-up,” said Shorenstein APARC Director Gi-Wook Shin, who noted that Trump already held in-person meetings with other Asian heads of state in the United States, including summits with Chinese President Xi Jinping and Japanese Prime Minister Shinzo Abe.

Shin added that a coherent U.S. strategy toward Asia and senior staff appointments in the State and Defense Departments would also aid in supporting the foundation upon which the South Korean and American governments work together on policy challenges, especially North Korea.

North Korea’s nuclear and missile capabilities have become more and more advanced over the past few months, and provocations have continued to ratchet up, including its firing of a ballistic missile that landed in the sea near Russia on Sunday and repeat threats to conduct a sixth nuclear test.

The Moon administration must focus on establishing trust and cooperation with the Trump administration because it is the only pathway to finding a resolution to North Korea’s program, said Siegfried Hecker, a senior fellow at the Center for International Security and Cooperation, an additional center in the Freeman Spogli Institute.

“Any solution must be compatible with the interests of Seoul, but it has to be done in concert with Washington to get Pyongyang’s attention,” said Hecker, who served as director of the Los Alamos National Laboratory and has traveled to North Korea seven times since 2004 to survey its nuclear facilities.

During the campaign, Moon repeatedly spoke of his proposals to reengage the North Korean regime, such as holding talks with its leader Kim Jong-un and re-opening Kaesong Industrial Complex, a joint economic zone on the North Korean side of the border.

Stephens and Shin said Moon’s proposals for North Korean engagement would be a step in the right direction if pursued in due time and led under the direction of a special envoy from South Korea emulating the American “Perry Process.”

The Perry Process, proposed by former U.S. Secretary of Defense William Perry and implemented in the late 1990s under the Clinton administration, entails the appointment of a senior-level, bipartisan representative to pursue a two-track approach of engagement through joint projects and of continued dialogue on denuclearization with North Korea.

Appointing one person in South Korea to lead North Korea policy would help centralize and streamline its organization, which currently, requires coordination of activities across dozens of government agencies, the two researchers noted.

“We recognize that establishing such a position and filling the position would be far from easy,” said Shin, co-author of the study Tailored Engagement. “But the magnitude of the nuclear crisis requires restructuring the way in which the South Korean government deals with North Korea, achieving domestic consensus, and shoring up international support for its efforts.”

The United States, China, Japan and Russia are the key international countries concerned with the peace and stability of Northeast Asia, yet South Korea has both an acute need and the potential to assume greater leadership of North Korea policy, said Shorenstein APARC Fellow Thomas Fingar.

China, as North Korea’s largest trade partner, exercises influence over North Korea by maintaining a commercial relationship in the hope of avoiding a collapse of the regime, however its leverage only goes so far, he added.

The Moon administration should consider the limits of Chinese influence before making policy decisions regarding North Korea, Fingar said, for example, whether to freeze or remove the U.S. anti-ballistic missile system, Thermal High Altitude Area Defense (THAAD), deployed last April in South Korea, which the Chinese government strongly opposed.

“There is little that Beijing can or will do that would persuade Pyongyang to be more receptive to initiatives from Seoul than it would otherwise be,” said Fingar, a China specialist who served as chairman of the U.S. National Intelligence Council. “Seoul should not ‘pay’ much to obtain Chinese assistance because China already supports reengagement and would not do more no matter what Seoul offered as an inducement.”

It is of vital importance the Moon administration seeks to strengthen trilateral cooperation between South Korea, Japan and the United States, and to consider holding a summit to address areas of collaboration, all of which would function alongside the China-Japan-South Korea trilateral structure toward creating stability in the region, according to Daniel Sneider, associate director for research at Shorenstein APARC.

“Such cooperation is essential to the security of the region – without it, the United States cannot fulfill its obligation to defend South Korea against the threat posed by North Korea,” said Sneider, who leads the Divided Memories and Reconciliation research project. “Moreover, it’s in the interest of all three countries to tighten such cooperation to balance the rise of China.”

The Moon administration should, above all else, take time to consider its first steps despite pressures to perform early, said Michael Armacost, a fellow at Shorenstein APARC who held a 24-year career in the U.S. government.

“Getting things right is more important than making a quick splash,” said Armacost, a former U.S. undersecretary of state for political affairs. “I would advise any new president to proceed at a deliberate pace, focusing particularly on the key personal issues first, and consulting widely before enunciating major policy departures.”

Related links:

South Korea's election: Shorenstein APARC scholars offer insight

Yonhap News: 미 한반도 전문가 그룹 "한국형 페리 프로세스 필요" (May 16, 2017)

VOA: 미 전문가들 "한국 정부, 미국과 북 핵 협력 중요...대북특사도 임명해야" (May 17, 2017)

Moon Jae-in was elected South Korea’s president on a pledge to address domestic inequality and to renew dialogue with North Korea. In the midst of Tuesday’s vote, Shorenstein APARC scholars offered insight to local and international media outlets.

Gi-Wook Shin, professor of sociology and director of Shorenstein APARC’s Korea Program, provided comment to The Economist about the challenges facing an administration led by Moon, a progressive candidate who is assuming power when an active conservative camp remains. He is also cited in an article in the New York Times focused on Moon's economic agenda and featured in a video from a Korea Society event that examines next steps for the new president.

Rennie Moon, the Koret Fellow in the Korea Program, co-authored an analysis piece on the East Asia Forum with Shin analyzing recent polls and the Moon administration's economic and security agenda.

Daniel Sneider, associate director for research at Shorenstein APARC, wrote an analysis piece for The National Bureau of Asian Research. In the piece, he explores how the election could impact the U.S.-Republic of Korea alliance amid escalating tensions on the Korean Peninsula.

Kathleen Stephens, the William J. Perry Fellow at Shorenstein APARC, appeared in a live interview on CNBC. In the taping, she discusses the significance of the vote and the new administration’s priorities as Moon swiftly takes office following the removal of his predecessor.