[Public Opinion Briefing 43-1] Crisis of Legal Legitimacy is Severe

[Public Opinion Briefing 43] Table of Contents

[Theme 1] Crisis of Rule of Law in Korea, Severe Crisis of Legitimacy

[Theme 2] Consequences of Weakening Rule of Law

Theme 1. Crisis of Rule of Law in Korea, Severe Crisis of Legitimacy

□ "Korea is a society where those who obey the law are at a disadvantage" 72.7%

□ "Is law enforcement fair? Fair 38.3%, Unfair 60.6%

□ To establish the rule of law... Restoring legitimacy is a priority over strict law enforcement

72.7% of Koreans Feel Disadvantaged by Obeying the Law

The crisis of the rule of law in Korea, as seen through the legal consciousness of the Korean people, is severe. When asked if "Korea is a society where those who obey the law are at a disadvantage," 72.7% responded affirmatively (25.6% strongly agree, 47.2% generally agree). Those who disagreed were 26.1% (21.7% generally disagree, 4.4% strongly disagree), and 'Don't know/No response' was 1.2%. The overwhelming perception that law-abiding citizens are at a disadvantage signifies a significant erosion of the legitimacy of the rule of law in Korea. In such a state, there is no incentive to comply with the law, and individuals are easily exposed to the temptation of evasion and illegality. [Figure 1]

When the Law Conflicts with Majority Opinion, Majority Opinion Should Prevail

- Political mobilization and public opinion manipulation are more likely than institutional solutions

Regarding the desirable resolution when the law's provisions conflict with the majority of public opinion, the opinion that "majority public will should be prioritized" (58.0%) was more prevalent than the opinion that "the law should be prioritized" (40.6%). While this may seem positive in the short term as public will is more directly reflected, it poses significant risks in the long term. When opinions are divided or interests conflict among the public, it becomes easier to prioritize political mobilization and public opinion manipulation over solutions based on laws and institutions. This can act as a factor threatening the stability of democracy in the long run. [Figure 2]

[Figure 1] "Korea is a society where those who obey the law are at a disadvantage"

[Figure 2] Desirable Resolution When Law Differs from Majority Public Will

Distrust in Fairness: "Law Enforcement is Unfair"
The crisis of the rule of law stems, first and foremost, from a distrust in the fairness of the law, which should be "equal before all." When asked about the fairness of law enforcement in Korea, only 38.3% responded that it was fair (1.1% very fair, 37.2% generally fair). In contrast, 60.6% responded that it was unfair (53.8% generally unfair, 6.8% very unfair). [Figure 3]

Notably, the assessment of legal fairness varies by political stance. Among supporters of President Lee Myung-bak and the Grand National Party, the proportion responding that law enforcement is fair was a majority at 51.5% and 53.6%, respectively. Among those critical of President Lee Myung-bak and supporters of the Democratic Party, only 30.1% and 29.2%, respectively, answered that it was fair. Among unaffiliated respondents, only 31.0% considered law enforcement fair. When distrust in unfair law enforcement is widespread, there is a greater possibility that even judicial judgments, the last resort for conflict resolution, could become subjects of political disputes or public square politics. [Figure 4]

[Figure 3] Assessment of Fairness in Law Enforcement

[Figure 4] Proportion Responding "Fair" to Law Enforcement by Presidential Support and Party Affiliation

Distrust in Leadership; Powerful Institutions Violate the Law More

- Groups that obey the law well

"Myself (63.6%) > General Public (48.2%) > Civic Groups (35.0%) > Labor Unions (23.3%) > Blue House (18.4%) > Police/Prosecution (16.2%), Large Corporations (16.2%) > National Assembly (5.3%)"

The crisis of the rule of law in Korea stems, secondly, from a general distrust in power institutions and social leadership. This is an assessment of "how well major power institutions in society are obeying the law." The public perceives that power institutions that create and enforce laws, as well as large corporations and civic groups with significant socioeconomic roles, are actually weakening the legal order.

The National Assembly, as the legislative body, received only 5.3% of responses indicating it obeys the law, making it the biggest target of public cynicism. For law enforcement agencies like the 'Police/Prosecution' and large corporations with the greatest social influence, only 16.2% responded that they obey the law well. The Blue House also received only 18.4% in affirmative responses regarding law observance. Labor unions, recently implicated in cases of sexual assault cover-ups and various strikes or lobbying incidents, also received a cynical assessment regarding their compliance with the law. While receiving a higher evaluation than state institutions or large corporations, only 23.3% of labor unions were positively assessed for their law-abidingness. This result clearly illustrates the severity of the distrust and cynicism that has spread throughout society. However, the assessment of civic groups' law observance was relatively high at 35.0% compared to the aforementioned organizations.

Respondents provide more favorable assessments of the law-abidingness of the general public and themselves compared to other major institutions. For 'general public,' positive responses indicating they obey the law well were 48.2%, and for 'myself,' it was 63.6% [Figure 5]. Ultimately, this suggests a perception that illegal and evasive actions are rampant among the 'upper echelons'—state power institutions and social leaders—rather than among ordinary people like themselves.

For a relative comparison of the law observance of each institution, examining the scores for their compliance reveals that individuals, the general public, and civic groups are evaluated as law-abiding. When scores are averaged, with 1-2 points for not obeying the law, 3 for average, and 4-5 points for obeying very well, power institutions and large corporations received negative evaluations. The National Assembly scored the lowest at 2 points, followed by large corporations at 2.56, the Blue House at 2.70, and the prosecution/police at 2.73. Labor unions also received negative evaluations with a score of 2.83. Ultimately, this demonstrates a cynical assessment that institutions expected to exercise leadership and responsibility in Korea are less accountable to the law compared to ordinary citizens like oneself [Figure 6].

[Figure 5] Percentage Responding "Obeys the Law Well" for Each Major Institution (%)

Note. Percentage of respondents who chose options 4 (generally obeys well) and 5 (obeys very well) out of five options: 1 (never obeys), 2 (rarely obeys), 3 (average), 4 (generally obeys well), 5 (very well).

[Figure 6] Scores and Rankings Based on Law Observance Assessment for Each Major Institution

Note 1. How well do you think the following institutions obey the law? The average score calculated from public evaluations of each institution, using a scale from 1 (never obeys), 2 (rarely obeys), 3 (average), 4 (generally obeys well), to 5 (obeys very well). Higher numbers indicate a more positive evaluation.