[Public Opinion Briefing Vol. 43-2] Restoring Trust in Law Will Strengthen Trust in Democracy

[Public Opinion Briefing Vol. 43] Table of Contents

[Theme 1] The Crisis of Rule of Law in Korea and the Severe Crisis of Legitimacy

[Theme 2] Consequences of the Weakening of the Rule of Law

Theme 2. Restoring Trust in Law Will Strengthen Trust in Democracy

Consequences of the Weakening of the Rule of Law

- Erosion of democratic efficiency and the foundation of social trust

If the rule of law is not properly established, even minor disputes over interests can escalate into society-wide conflicts, weakening the foundation of democracy. When the rule of law functions properly, it can check arbitrary abuses of power by state authorities and provide institutional channels for resolving conflicts of individual interests. A society where the rule of law functions properly is a developed society with a high level of trust and a society where democracy is institutionally consolidated.

Distrust in the rule of law breeds distrust in democracy and society as a whole. Primarily, those who perceive abiding by the law as a disadvantage are more likely to believe that Korean democracy is not functioning properly. Among those who distrust the law, only 42.5% responded positively about Korean democracy, while 57.5% responded negatively. Conversely, among respondents who trust the law, 56.0% responded positively about Korean democracy, with only 44.0% evaluating democracy negatively [Figure 7].

Similarly, those who distrust the law tend to have greater distrust in society. Among respondents who believe abiding by the law is a disadvantage, only 41.4% evaluate Korean society as generally trustworthy. In contrast, among those who believe abiding by the law is not a disadvantage, 56.0% evaluate Korean society as trustworthy [Figure 8].

[Figure 7] Impact of Trust/Distrust in Law on Evaluation of Korean Democracy (%)

[Figure 8] Impact of Trust/Distrust in Law on Social Trust (%)

For the current government's efforts to restore the rule of law to succeed

- Focus must be placed on restoring legitimacy, not just strict enforcement...

As evidenced by the Yongsan tragedy and the parliamentary violence incident, the government is strengthening its policy drive to establish the rule of law. The President, who has strongly expressed his will to establish the rule of law, as well as the police and prosecution, are seeking to establish the rule of law through strict punishment of illegal acts. The strictness of law enforcement is being emphasized as a methodology for restoring the rule of law. The emphasis on the rule of law and the will to eradicate illegal acts are of utmost importance, considering their impact on the realization of democracy and social integration.

However, the results of this survey indicate that the current crisis of the rule of law in Korea is fundamentally a crisis of legitimacy, which should not be overlooked. Behind the crisis of legitimacy lies the distrust that powerful and wealthy groups are above the law, and a cynicism that even if caught, the principle of 'guilty until proven rich' or the 'wheelchair law' applies. Legitimacy cannot be automatically gained by emphasizing strict law enforcement. The legitimacy of the rule of law can be restored when the basic belief that the law is fair spreads among the public. In other words, before strict law enforcement, trust in the fairness of the law must be restored.