Ruminations in Korea

“The real weapon of mass destruction in Iraq was Saddam Hussein — and he was found.”

- Italy’s Prime Minister Silvio Berlusconi in response to concerns about not finding Weapons of Mass Distruction in Iraq.

About Joel: Gives us a review of the movie “President’s Barber” and grumbles about the romanticizing of the Hitleresque dictator General Park Jung Hee. For more on this subject, take a look at an ancient Kimsoft post on the dictator.

Big Hominid: Provides an update on the difficulties of house-hunting in Seoul.

Cathartidae: Points out why even liberals can get sick of Michael Moore.

Flying Yangban: Tells us about the evil Michael Moore stealing the Cannes top honors from Korea. There is also a brief post about Korea being a net importer of Kimchi, and a lengthy post about the Korean response to the US Forces Korea hypothetically becoming a rapid response force for Northeast Asia.

Hunjangui karuch’im: Refers us to another hilarious “news” story by the North Koreans. This one deals with the evil Underwood missionary family that is leaving Korea after a 120 year presence. I’m jealous. I wish the North Koreans would write a cool story like this about me. On another note, I really would like to know the real reason the Underwoods are leaving Korea.

Kathreb: gives us two short posts on Presidential pardons and pension plans.

Kimchi GI: Has a story about the North Koreans building a 400 km anti-defector fence a la the Berlin Wall. He also has a humorous story about a ring of forgers who were forging US credit cards as a means of showing anti-American sentiment through the purchase of domestic goods with forged US credit cards as a means of screwing the US companies and bringing revenue to Korea.

Korea Life: Has pictures of the Raelians invading Korea. I am so jealous of my younger brother who has actually spoken directly to Rael.

Marmot: Gives us an overview of the recent arrest of numerous men and women in the Korean online porn industry. He also gives us the story of a brave nude Korean singer who stand by her principles of no nudes for Japan.

Oranckay: Has a link to one of the strangest stories I have ever read. It involves some scheme to have a small, independant island with ties to New Zealand to sell New Zealand passports to Koreans for NZ$ 39,000 each so that Koreans will have a place to escape to if North Korea invades. Strangely (or not), officials from both New Zealand and the island were “alarmed” by “the prospect of thousands of Koreans descending on Niue and having automatic right of entry to New Zealand.”

While out hiking on the mountain behind my home yesterday, I came across a tree growing from the side of a rock face. I was possessed by the spirit of Ansel Adams and took this picture:

According to this Korea Times article, South Korea has found another way to bow and grovel at the feet of the North Korean worker’s paradise.

South Korea is looking for a softer wording to replace the so-called “complete, verifiable and irreversible dismantlement” (CVID) formula, held fast to by the United States in resolving the North Korean nuclear crisis.

Hmm…What would Koreans prefer? How about, “partial, unverifiable, and quicky reassemblable dismantlement?” Would that make you feel better? Do you think that would sufficiently appease the North?

The terminology, used by the U.S., Japan and South Korea, emerged just before the second round of the main six-party talks held in Beijing in late February, prompting fierce objections from the North Korean side.

If the US forwarded a policy called the “Rosey Sweet, Come and Take South Korea Because We Will Let You Have It” policy, the North would object. The North will reject anything the US says or does. For that matter, so does South Korea. For example, the cry has been “Give us back Yongsan and get out of the country,” for decades. The US anounces Yongsan will be returned and groups of soldier will leave Korea. The response? “You can’t leave Yongsan, and you just can’t leave the country” It’s a classic case of damned if you do and damned if you don’t.

Here, if the US continues to insist on the very clear, specific, and unambiguous phrase, “Complete, verifiable, and irreversible dismantlement,” then Korean will be angry with the US for not being nice or fair to their oppressed northern brothers. On the other hand, if the US caves into the demand of the North, the US wil be blamed somewhere down the line for making vague and non-specific instructions.”

“North Koreans have a knee-jerk reaction to the expression CVID and feel threatened by it,” an official familiar with the nuclear talks said. “They argue the CVID formula is a condition imposed on a defeated nation, and it is a humiliating requirement.”

Personally, I think they should feel a bit threatened.

Chief U.S. delegate Joseph DeTrani is said to have responded positively to Seoul’s suggestion, saying his nation would discuss it with “flexibility.”

South Korea gave assurances that there will be no fundamental change to the three allies’ shared view that the North’s nuclear programs should be dismantled.

So, the south suggests using different words to say the same thing. Well…how on earth will that make the North happy? Some hack writer once said something like, “A rose by any other name would smell as sweet.” No matter what, the North will still object becasue it will still be seen as conditions placed on a defeated nation.

And, I am sure glad that these talks are of such high level and importances that there is nothing more important to talk about or argue over than different ways of saying the same thing.

The U.S. Embassy is transmitting the following information through the Embassy’s warden system as a public service to all U.S. citizens in the Republic of Korea. Please disseminate this message to U.S. citizens in your organizations.

Seoul Metropolitan Police authorities advised the Embassy of two planned large-scale demonstrations that will occur in the vicinity of the US Embassy in Seoul. The anti-war protests are scheduled at the Kyobo Building (one block south of the Embassy) on the following dates:

May 29, 2004 at 7:00 pm 20,000 individuals to protest Korean troop dispatch for Iraq

June 12, 2004 at 7:00 pm 30,000 individuals to protest Korean troop dispatch for Iraq

Political, labor, and student demonstrations and marches have on occasion become confrontational and/or violent. American citizens and their family members should exercise caution and avoid gatherings of large groups in order to minimize risk to their personal safety. Streets may also close without warning on orders of the local police.

The Embassy encourages all American citizens to read and follow the suggestions in the world wide public announcement issued by the Department of State on April 29, 2004. See http://www.asktheconsul.org/2004apr29.htm or http://travel.state.gov/ .

The U.S. Embassy in Seoul will continue to keep the U.S. community informed of any changes in the overall security situation. To hear a recording of the most up-to-date security information affecting U.S. citizens in Korea, please call 02-397-4114 and press the following series of numbers: 1, 1, 1, 7. In addition, notices concerning security matters will also be broadcast on AFNK television and radio. The Embassy encourages all U.S. citizens to register their presence in Korea with the American Citizens Services office at the U.S. Embassy or via the Internet at http://www.usembassy.state.gov/seoul or http://www.asktheconsul.org/.

Who are these Korean bloggers that I link to? Why don’t I link to others? Are there more? These are questions that I get asked with increasing regularity.

I have been asked by Webmistress Jane of Seoul Scene to provide a weekly roundup of Korean blogs. As part of that, I think it would be beneficial to introduce the other blogs that I link to permanently. Mind you, these are my perceptions of these blogs. The blog owners may completely disagree with my views.

The rogues gallery:

About Joel: Joel is a fellow Utahn living here in Korea. Joel first came to Korea in 2000 under the same circumstances that brought me here. His blog is a very personal view of his life and times in Korea. Joel offers some thoughtful insights into Korean issues that affect the common man.

Big Hominid: WARNING: NOT FOR THE FAINT OF HEART! The Big Ho was recently described by a visitor thusly, “I can’t resist noting that that Big Hominid fellow you link to has a very unhealthy obsession with posteriors and excrement. Not a blog I want to read.” Hominid is a creative artist with a twisted imagination and a special brand of dark gallows humor. At the same time, he has very well thought out posts and pointed comments on everything from Buddhism to err…well…everything else.

Californian Sojourn: Cali has lived in California his entire life and, to the best of my knowledge, has never been in Korea. I have never understood exactly why he has a deep interest in Korean issues. His blog deals with political issues, Southern California, and news tidbits. There is a heavy Korean influence to his blog.

Cathartidae: He owns a great board game café in front of Hongik University (Hongdae). An angry liberal (is there another type?) provides his views on politics in the US and Korea, life in Korea, and games. He gives readers the occasional glimpse into what it is like being a foreign business owner in a university neighborhood.

Drambuieman: He owns a great little bar/restaurant with western food in front of Hongik University. Wit, humor, and iron pepper this blog as it explores some of the more perplexing issues of Korean society. Pay has site a visit. Pay his business a visit, and don’t forget to order a double serving of Mexican Salad.

Flying Yangban: The Yangban is one of the scholarly bloggers. Although this blog has a full share of posts from the lighter side, Yangban is one of the top sites for well researched, linked, and thoughtful posts on Korean politics and society.

Hunjangui Karuchim: This is a blog by a Finnish Ph.D. candidate who is preparing his doctoral thesis on a fascinating aspect of Korean society. This site has some very rare and unusual facts, photos, and historical insights. I claim to have discovered this site for the Korean blog community, but perhaps Antti discovered us.

Incestuous Amplificaiton: This blog was one of my early inspirations and guides for getting into a blog. Biting and pointed commentary on all aspects of Korean society pepper this site. As his time in Korean winds down, the posts are becoming less and less frequent, but the gloves are coming off more and more often for some very harsh, but no undeserved criticism.

Kamelian X-rays: A fellow Pusan blogger. He is suffering from a bit of burnout at the moment. The future of his blog is unknown. Hopefully, he will continue to post his analysis of political and legal issues.

Kathreb: A Stanford student. I don’t know what her connection or relation to Korea is, but her sight is heavily Korea-oriented with a heavy dose of North Korea and human rights issues.

Kimchi GI: A great blog that deal in large part with US military issues as affecting and affected by Korean society and politics. The Kimchi GI is in a special position, as he is an “insider” in both sides.

Korea Life: This blog provides a photographic look into the life of an English teacher in Seoul. Check out the other sub-blogs detailing some of the more in-depth and hilarious adventures.

Marmot’s Hole: Marmot is the most popular of the Korean blogs. For anyone interested in any and all aspects of Korean society, Marmot is required reading. Marmot works as a translator for a major Korean newspaper, thus spends his day immersed in Korean news and information and is one of most up to date people on Korean current events that you will meet.

My Resonating Life: This blog is written by a Korean woman who has just returned from studying in the US for five years. Her writing has dropped off a bit since she returned to Korea and moved back into her mother’s house. Mom thinks she is addicted to the internet if she is online more than 15 minutes per day. Curfews are enforced, and she has her CPA exams coming in July. She is just a hair over 5 feet tall, weighs 90 something pounds and is tired of hearing Koreans tell her she is fat.

Neil Barker’s Seoul: Neil writes an online journal type blog where he tells about events in his life and other observations that he feels may be of interest to others.

Oranckay: Oranckay has been in Korea for a long time. During his time in Korea as student, scholar, journalist, and all-around well-connected guy, Oranckay has established himself as one of the most knowledgeable foreigners on Korean issues. His blog is always top notch and well written.

Party Pooper: The Pooper’s blog is one of those blogs that says things about Korea that the rest of us wish we sometimes wish we could say. He calls ‘em as he sees ‘em, often with hilarious results.

Rathbone Press: Started after the Korea Times shut down their readers’ comments section, Rathbone tends to focus on bias or counterproductive ideas and beliefs in the Korean media or Korean society. His posts are meant to be constructive, not malicious.

Seeing Eye Blog: This blog is heavily media-driven with frequent analysis of Korean media bias and the media’s take on domestic societal issues. The author is also a columnist for the Joongang Daily English edition.

Travelitch: Artist, educator, writer, and all around good woman, Elizabeth, offers her comments on teaching english, living, and experiences in Pusan.

These are by no means the only blogs about Korea and things Korean. Although I visit others often, these are the ones that I make time for every day. For a more comprehensive list, I would suggest looking at Marmot’s list of Korean blogs, or the Korean Blog List.

Many of the good blogs are not listed here because the subject matter is unrelated to me and what I do, such as teaching English, linguistics, political activism, etc, but that doesn’t mean that I think they suck. Click around and see what’s available. Check back on Fridays for my weekly Korean Blog Roundup.

I now own a piece of art, and a rather large one at that. Elizabeth Briel from Travelitch painted Lady Justice for me on commission. She (Justice, not Elizabeth) hangs in my office on the wall behind my desk. Thank you Elizabeth.

If any of you in Korea has ever wanted a painting done, I strongly suggest that you contact Elizabeth before she leaves this winter.

In 1896, one of the worst injustices, and in my opinion, the single worst decision ever handed down by the US Supreme Court ended a battle that had started four years previously and started a battle that would rage for the next 60 years…and continues to be fought today 108 years later.

Plessy v. Ferguson

On June 7, 1892, a 30-year-old “colored” shoemaker named Homer Plessy was jailed for sitting in the “White” car of the East Louisiana Railroad. Plessy was only one-eighths black and seven-eighths white, but under Louisiana law, he was considered black and therefore required to sit in the “Colored” car. Plessy went to court and argued, in Homer Adolph Plessy v. The State of Louisiana, that the Separate Car Act violated the Thirteenth and Fourteenth Amendments to the Constitution. The judge at the trial was John Howard Ferguson, a lawyer from Massachusetts who had previously declared the Separate Car Act “unconstitutional on trains that traveled through several states” . In Plessy’s case, however, he decided that the state could choose to regulate railroad companies that operated only within Louisiana. He found Plessy guilty of refusing to leave the white car. Plessy appealed to the Supreme Court of Louisiana, which upheld Ferguson’s decision. In 1896, the Supreme Court of the United States heard Plessy’s case and found him guilty once again. Speaking for a seven-person majority, Justice Henry Brown wrote the following words that should never have been written:

“That [the Separate Car Act] does not conflict with the Thirteenth Amendment, which abolished slavery…is too clear for argument…A statute which implies merely a legal distinction between the white and colored races — a distinction which is founded in the color of the two races, and which must always exist so long as white men are distinguished from the other race by color — has no tendency to destroy the legal equality of the two races…The object of the [Fourteenth A]mendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races upon terms unsatisfactory to either.”

With this decision, the “separate but equal” legal doctrine became the law of the land. The Supreme Court, in a 7 to 1 vote institutionalized and legalized discrimination against blacks. Although the decision was supposed to protect the legal equality of black citizens, very few, if any of the separate facilities were equal in any way to facilities for whites.

Brown v. Board of Education

50 years ago this week, the Supreme Court overturned Plessy v. Ferguson when it issued its decision in the case of Brown v. Board of Education The case was argued before the Supreme Court by a young black attorney named Thurgood Marshall. Mr. Marshall gave a very eloquent argument against the “separate but equal” segregation of students. (The full oral arguments for all parties can be viewed here).

In a very strong opinion, Chief Justice Warren, speaking for a unanimous court, delivered a crushing rejection of Plessy, wherein the court ruled:

Segregation of white and Negro children in the public schools of a State solely on the basis of race, pursuant to state laws permitting or requiring such segregation, denies to Negro children the equal protection of the laws guaranteed by the Fourteenth Amendment — even though the physical facilities and other “tangible” factors of white and Negro schools may be equal.

(a) The history of the Fourteenth Amendment is inconclusive as to its intended effect on public education.

(b) The question presented in these cases must be determined not on the basis of conditions existing when the Fourteenth Amendment was adopted, but in the light of the full development of public education and its present place in American life throughout the Nation.

(c) Where a State has undertaken to provide an opportunity for an education in its public schools, such an opportunity is a right which must be made available to all on equal terms.

(d) Segregation of children in public schools solely on the basis of race deprives children of the minority group of equal educational opportunities, even though the physical facilities and other “tangible” factors may be equal.

(e) The “separate but equal” doctrine adopted in Plessy v. Ferguson, 163 U.S. 537, has no place in the field of public education.

(f) The cases are restored to the docket for further argument on specified questions relating to the forms of the decrees.

In 1967, Thurgood Marshall became the first black person to be elevated to the US Supreme Court.

The abomination that was Plessy v. Ferguson was removed, and the fight for true equal rights and protections under the law was allowed to begin.

What Korea Means to Me

As I stated in the article about me at Ohmynews, Korea has an immense potential for strength and power, but Korea severely limits itself by its social behavior and its defeatist “we’re not worthy” mentality. Here is an example of what I am talking about. This is not a healthy image to have about yourself and certainly not the image you want to portray of yourself to the outside world:

[The poet Ku Sang] constantly re-minded us that the miracle of the Han was stained by the memory of shame. Shame has been at the heart of Korea’s modern experience: the shame of a conquered nation; the shame of civil war and the atrocities civil war invites; the shame of subservience to a succession of dictatorial regimes; and the shame of being silent for years in the face of murder, torture and the denial of the most basic of civil rights. Ku Sang faced up to this legacy of shame in a way that demanded courage, dignity and a profound moral sense. It is due to men like him that Korea today has been able to rise like the phoenix and deal with its past.

You Do WHAT?

There’s something to be said for sex education in the schools. Read this frightening article to find out if you’ve led a sheltered life.

Summer

I like Summer.

The Next Star Wars Kid?

via Instapundit, here is a site that answers the question of why you should be careful about posting your picture on the internet.

An Open Letter from Chief Wiggles

A Call to the Media
If you know anyone in the media, please pass the following on.

Saturday, May 15, 2004

A Call to the Media: (read on)

For the past 34 years I have been an interrogator in the Utah Army National Guard, serving my country proudly in this capacity. I have performed my duties as an interrogation team chief in many capacities in a variety of situations. I have been to two wars in the Middle East as a chief warrant officer, conducting numerous interrogations, screenings, debriefings, etc. I have been to South Korea some 40 plus times, been through countless interrogation exercises, and have personally conducted numerous debriefings of North Korean defectors.

I have worked with soldiers from all branches of the military, regular army soldiers and reservists, interacting with them in a variety of real combat situations and training exercises. I have read books on the skills of interrogation and have taught others the finer points of effective interrogation.

While at Camp Bucca in southern Iraq, I spent 4 months, on a daily basis, interrogating 17 Iraqi generals, both Brigadier and Major generals, successfully extracting valuable information which was later disseminated up through the chain. I lived as they lived, endured most of what they endured, feeling their pain, while trying to deal with their diverse personalities, with their idiosyncrasies, intertwined with their culture, tradition, religion, and language.

With all of this being said, I offer you my professional opinion, based on my years of hands on real world experience. Yes, this is just the voice of one man, limited to my own experiences as I have watched and interacted with countless others, both civilians and military personnel. Perhaps it is myopic at best, limited by my own exposure to a restricted number of situations, but yet in my mind it represents quite a vast array of circumstances, people, and situations.

I realize at the same time that there are exceptions, incidences that would contradict my own point of view, but I consider these to be the exception far from the rule. You can say what you will. You can say I don’t know what I am talking about or that I am naive in my out look on life and the realities of the world in Iraq. But, I do believe I speak with some degree of authority regarding this matter.

You might consider this to be the other side of the story that is being forced fed to us from all different angles as the new media have a hay day with the incidences and the pictures from the Abu Ghurayb prison. There is another side that represents more the majority of how prisoners are treated and interrogated. Hopefully this will help you understand that the prison incidences are far from the norm and do not represent the large majority of soldiers who do respect others rights and are sincerely concerned about their well-being.

I can honestly say that we, a large group of interrogators, treated the prisoners we came in contact with, as humanely as possible, following the Geneva Convention as we have been trained to do. We made every effort to take care of their needs and insure their health and safety. We did instruct the guards in the proper care of the prisoners and responded in every instance to convey the prisoner’s feelings, concerns, and desires.

Yes there were exceptions but none I personally witnessed that were outside the scope of the Geneva Convention. If anything it was the Red Cross that didn’t comply with the wishes of the prisoners, compelling the prisoners to decline to speak with any one from the Red Cross.

I discovered early on in my career as an interrogator that the easiest way to get accurate factual information out of a prisoner was to establish a relationship built on trust, through a more kind and friendly approach. The true sign of an effective interrogator is when they can actually make the prisoner believe that they sincerely care and are concerned for the prisoner’s future. If an interrogator can convince the prisoner to change their belief system regarding who the enemy is and why they are fighting, then an effectual change can be realized.

Trust is the opening door to a person’s heart and mind, brought about by believable and apparently sincere acts of concern. On the contrary, torture results in the out pouring of fictional, miss-information, in an effort just to stop the painful process.

Our efforts in dealing with the prisoners to insure their proper care and handling resulted in the effectual winning of their hearts and minds, changing their perspective of what Americans are all about. These efforts set an example for all others to follow, establishing a proper care and handling methodology, which was contagious. We not only got information but built life long friendships with the people we had come to rescue.

I welcome any news media that would like to delve into the details of the other side of the story, the one that represents the way most American soldiers act. I would love to have the opportunity to explain my world, from my perspective, the one shared by the majority of soldiers and especially interrogators. I will gladly give them the finer details of each phase or approach that was used.

Why can’t we show the world that what they are seeing is an isolated incident not representative of the thousands of soldiers who do sincerely care and who have accepted the humanity of our fellow brothers, the Iraqis.

This is your chance News Media. This is a way for you to redeem yourselves from the barrage of accusations that you are biased and one sided, that you are just looking for any opportunity to crucify us and our leaders, and that you fail to provide us the American people with balanced factual reporting. We need to offset the continual flow of negative degrading reporting with factual positive stories of all the good that is being done.

Can you not hear the scream of the American people, demanding a relief from the depressing images plastered across every magazine, tabloid, and screen? Are you listening to your audience who wants balanced, truthful and unbiased reporting?

I am at your service to provide you with what Paul Harvey called, “the rest of the story”. Why won’t you help us tell the world what we are really all about? Why do you insist on fueling the fires of hatred so that more Americans can be killed out of ignorance and misunderstanding? Where is your allegiance? Will you perpetuate the limited and biased understanding of our enemies, in order to achieve some bi-partisan political goal, under the pretext of doing your job?

Email me today to get the rest of the real story.

Chief Wiggles
Doing it the only right way, the wiggles way.

Have a good day.

chiefwiggles@operationgive.org

Website http://chiefwiggles.com
Archives http://chiefwiggles.blog-city.com
Toy Drive: http://operationgive.org

Leash vs. Beheading

WARNING: Strong Language (and Liberal Opinions) Follows: Here is the latest from the critical and scathing wit of the “Get Your War On” artist on the topic of prisoner abuse, beheading, and the overall perception of the war.

I have just wasted two hours of my life.

A reader, Plunge pointed me to some stories linked from the NK Zone site and suggested that I comment on them. I followed the links and read several of the articles.

I then began to fisk a 13 page article. Then, I stopped.

I realilzed that I had nothing to say that would be of any use. I realized that nothing I was going to say would make the slightest bit of difference. You cannot talk to, explain things to, or rationally discuss issues with people like these. They hate america and everything the country stands for.

Click here and follow the various links to several of the articles on how wonderful North Korea is and how everything is the USA’s fault.

Simply amazing.

“You like me! You really like me!!!” - Sally Field’s oscar acceptance speech

Look, Ma! Your little boy is in the news!

Had a good sit-down interview with Todd Thacker of Ohmynews in my office last Saturday. It was one of the best interviews I have ever had in Korea, and I thought the final product was quite good.

Due to numerous past fiasco’s with the Korean media, I am generally quite wary about doing interviews or participating in media events. However, Todd demonstrated to me that he is a professional journalist that can be counted on to give a fair (favorable?) writeup.

Go read the article….ABOUT ME! When you are done, read it again!

As Pres. Z. Beeblebrox said, “If there’s anything more important than my ego on board this ship, I want it caught and shot NOW!”

Kudos, Todd…now, if you will just promise to never, ever call me “sir” again…

* This will take the place of my Monday Society writings.

UPDATE: Scroll down to the “Comment Update” below for the Constitutional Court’s reasons for not releasing the minority opinions.

UPDATE: The Grand National Party, which spearheaded the impeachment actions has issued a public apology through party chairwoman Park: “We are gravely sorry for causing you trouble and anxiety with the presidential impeachment,”

The Constitutional Court of Korea has just issued its decision regarding whether or not to uphold the impeachment of Pres. Roh.

After an impeachment process, including bizarre parliamentary crying, screaming, and fisticuffs, that lasted more than two months, the court found that although the president committed several violations of the Constitution, when viewed as a whole, the claims do not rise to a level that would justify or warrant the impeachment of the president.

The impeachment, based on charges of minor election law violations, corruption among his aides and incompetence, has been dismissed. Thus, President Roh is to be immediately reinstated as the Chief Executive and his executive powers, which were suspended 63 days ago are restored.

The number of judges in the majority is not know. The Constitutional Court has refused to release the minority decision to the public.

The President will address the nation in a speech tomorrow morning.

UPDATE: According to Yonhap News, President Roh has already returned to his office and has begun working.

UPDATE: Highlights of the Decision:
1. Economic mismanagement of the nation’s economy is not grounds for impeachment.
2. A President’s call for a referendum to obtain a vote of confidence or strengthen his position is unconstitutional. Although the president did not force the referendum, simply making the suggestion was unconstitutional.
3. The accusations that the president should be impeached for election law violations are themselves violations of the spirit of the constitution, which is designed to promote public order.

UPDATE:Korean stocks on the rebound after court’s decision announced. Well..that didn’t last long.

UPDATE: Roh administration makes first public statement following reinstatement - Spokesman Yoon Tai-young said: “The Roh Moo-hyun administration will try hard to materialize the spirit of the Participatory Government embraced at its inauguration in a fresh resolution.”

COMMENTS: This in response to requests from readers as to why the court will not release the minority opinion or disclose the number in favor of the impeachment action: When reading their decision, the court said something to the effect that it is up to the minority opinion judges to decide whether or not to release their opinions and they have decided not to do so. The judges gave no reason why they would not release the minority opinion or give the number of judges in favor or opposed to the action other than to say that it was their determination that they were not required to do so as a matter of protecting the privacy of the deliberations. However, the speculation is that the court wants to maintain a single opinion in this matter and not give the president’s political opponents grounds or arguments for further divisiveness. It seems that the court is showing that this is their decision and any arguments against the decision are moot at this point. Personally, I feel that the minority opinions should be open to the public simple for the reason that transparancy is always best in this situation and can go a long way to removing any speculation or lingering doubts the public may have.

COMMENTS UPDATE: The Constitutional Court has issued a very lengthy explanation (in Korean. Click the link dated 5/14 and then click the middle link (item 2) on the next page) as to why they did not release the minority opinion. Essentially, the court said that they relied on Article 36(3) of the Constitutional Court Act, which states:

Any justice who participates in an adjudication on the unconstitutionality of an Act, jurisdictional disputes, or consititutional petition shall indicate the Justice’s opinion on the written decision.

And they relied upon Article 34(1) of the same Act, which states:

The oral proceedigns of the adjudication and the pronouncement of final decision shall be open to the public, except that any written review and deliberation shall not be open to the public.

The court’s reasoning is that the Constitutional Court Act sets forth the types of cases that the court can hear as “Adjudication on the Unconstitutionality of an Act,” “Adjudication on an Impeachment,” “Adjudication on the Dissolution of a Political Party,” “Adjudication on Jurisdictional Disputes,” and “Adjudication on Constitutional Petitions.” Each of these different types of adjudications is separately and distinctly defined in Chapter IV of the Constitutional Court Act.

Whereas, historically, the Constitutional Court had discretion as to whether or not to release the minority opinions. However, the Act was enacted and specifically stated in Article 36(3) that the court must release the opinions of all Justices who participate in adjudicating the unconstitutionality of an Act, jurisdictional disputes, or consititutional petitions. However, the law does not require the judges in the minority to indicate their opinions in the adjudication of an impeachment. As the law does not require it, the question is whether the minority judges may release their opinion if they wish to do so.

In answer to this question, Article 34(1) of the Act requires the protection of the secrecy/privacy of written reviews and deliberations. As Article 36(3) does not require the opening of the minority opinions in this case, the minority opinions could be viewed as a review of the majority opinion and deliberations on the matter. Thus, because the court could not say that the release of the minority opinion in this case would not violate Article 34(1), the court would not release the minority opinion.

This type of decision reflects a differnce between Korean courts and US or some other Western court systems. Very basically, the US courts have broad discretion to act as they see fit unless they are prohibited by law from doing so. On the other hand, Korean courts take the view that they are not permitted to do something unless specifically authorized by law to do so. When seen in this light, what the Constitutional Court is saying is that because they are not specifically instructed to release the minority opinion in cases of impeachment, they are not authorized to do so and, therefore, cannot release the minority opinions.

DEVELOPING….

NOTE: Greetings to everyone pouring in from Instapundit. By way of introduction, I am a lawyer at an international law firm in Pusan, Korea. This blog captures various aspects of Korea as seen through my eyes. After reading the post below, poke around the site and see if anything else catches your interests. For more writings about Korea and things Korean, please visit the sites listed in the column to the right. Thanks for your interest and keep coming back for more.

Here is an interesting article (in Korean) from Yeonhap explaining the unusual procedure for tomorrow’s announcement of the Constitutional Court’s decision regarding the impeachment of Pres. Roh.

Ordinarily, when Korean courts render a decision, on the judgment day, the court will orally announce the decision with no explanation. Then, approximately two to three weeks later, the court will serve its official written decision on the parties involved. The written decision will first state the court’s decision and then present a detailed rationale supporting the court’s decision.

However, according to the above article, the written decision has already been prepared and signed by all of the judges. At the appointed time tomorrow, the judges will read their decision. Not only has the court prepared the written decision before the oral announcement, but they will read the judgment in the reverse order that would normally be done. They will first read the rationale and then read the decision. In the event that the court is divided, the court will first read the majority opinion and then read the minority opinion. The court explained that it felt that presenting its decision in this manner would increase people trust in the legitimacy of the decision as well as allow people to see how the pieces of their decision fall naturally into place.

This may seem like a minor issue, but in reality, this is a HUGE shift in thinking for Korean courts. A lot of frustration with Korea and Koreans comes from a fundamental difference in the thought processes between Koreans and Westerners. An oversimplifed explanation of this is that Koreans are brought up and trained (unconsciously) to think inductively, whereas Westerners generally grow up learing to think deductively. Whereas Koreans will start with a specific observation, such as, “This is a chair,” and then proceed to make generalizations about “Chairness” (Tips to my mentor, Dr. Kent Robson, for using one of his favorite words) such as “all chairs have legs,” or “All chairs have backs,” or “all chairs have seats. The German philosopher Carl Gustav Hempel gave us the classic example of induction in Hempel’s Paradox: “The statement “All crows are black” is logically equivalent to “No not-black object is a crow.” In other words, you examine a particular and induce the general. It is this process of induction that causes so many of the generalizations that Koreans have about foreigners. One instance is indicative of the whole class of objects known as foreigners.

On the other hand, Westerners will take observations about the general and deduce a specific result. We look at something and say, “it has a seat, it has a back, and it his legs, so therefore it must be a chair.” Although the inductive reasoning above is just as valid as the deductive reasoning, Westerners are much more comfortable with the dedcutive method. For the same reason that Westerners often lash out at Koreans for jumping to conclusions or making generalizations, Koreans often feel trapped and lash out when faced with deductive reasoning. I often hear that Koreans are illogical, but they are no more illogical that anyone else. This feeling is frequently simply the result of a different system of logic than westerner are used to.

I said that this is a very large step for Korean courts because it is going to expose Koreans to an entirely new form of logic, discussion, and presentation than they are used to. I fully support the Constitutional Court in this decision. Having studied both deductive and inductive logic in depth, it is my opinion that deductive reasoning is the stronger of the two systems when trying to sway someone to your point of view. Inductive reasoning puts the subject immediately on the defensive because they have to explain and justify their conclusions. For example, If someone says, “The answer is ‘D’,” then they must go on to explain and defend their position that the answer is “D” because of fact “A”, fact “B”, and fact “C”. However, deductive reasoning presents you with a set of facts that narrow down the general and infinite possibilities to what is hopefully the only conclusion that is supported by the facts. For example, someone might say, “‘A’ is a fact, ‘B’ is a fact, and ‘C’ is a fact. Therefore, the only answer which supports the facts is ‘D’.”

I think the deductive manner in which the Constitutional Court is going to present its decision will go a long way to walk people gently down a path to where it can be seen that the decision was the only possible solution based on the facts, rather than spending the next however long trying to justify a terse statement with a long list of reasons. I believe that this will cut down significantly on any violent response to the court’s decision.

Six or more judges must decide in favor of impeachment for the impeachment to stand.

Baseball’s Bad 24 Hours for Byung-Hyun Kim and Lee Seung-yeop

Kim gets blasted for the second time by the Cleveland Indians and booed off the field:

Making his third start since coming off the disabled list, Kim simply couldn’t get anything going. For the second consecutive start — both against the Indians — he lasted just 3 1/3 innings. Kim gave up five hits and six runs (four earned) while walking three. He didn’t record a single strikeout.

The next day, Kim gets sent packing down to the minor leagues and subtly blasted by the GM:

“There’s no margin for error up here,” said Red Sox general manager Theo Epstein. “Every game is important. So the appropriate place for him to continue to search for it and find it is Triple-A. He’ll be back up here as soon as he’s ready. … Before he’s going to pitch up here in a competitive environment, he needs to regain his form. We have a plan for him to get back and it involves, right now, being in Pawtucket until he’s ready.”"

Kim will ease his way back in at Pawtucket, making two-inning stints every three days. Poor kid has never been the same since the Yankees absolutely killed him.

Lee, who believed too much of the hype about himself, could have been in the US minor league, but was too proud. Now, he finds himself blasted back to the Japanese minors (nods to IA for the link). As I said before, if the LA Dodgers offer you a job as a bat boy, you take it. Any regrets, Lee?

The Lonely Fisherman

This morning, while foraging for food at Aram-Mart, this big plastic boat caught my attention as I was passing the toy aisle. Not the best choice of boat names for marketing a toy. Then again, it may be my problem…

Golf Sensation Michelle Wie (nods to Yangban)

One year (and a little bit of success) can make a world of difference. In the grand tradition of Before/After photos, I bring you:

Before: 13 year old turtle-looking girl, Michelle Wie

After: 14 year old, 6-foot tall, spiked heel-wearing womanchild, Michelle Wie

For today’s North Korean News Day, let’s play a little game: Name That Source!

Below are two quotes. Guess which quote is from the Ultra-Commie propaganda nut cases in Pyongyang via the KCNA and which quote is from Robert Higgs, Senior Fellow in Political Economy at The Independent Institute in Oakland, Calif.

Quote Number 1: Higgs or KCNA?

The statement recalled the continued exposure of facts about brutal maltreatment and tortures of Iraqi prisoners of war by U.S. troops.

All the more serious is that the maltreatment and tortures of Iraqi POWs have been committed on organized and planned orders and at the connivance of the U.S. forces authorities, the statement said, and added: This is only a tiny part of the war crimes committed by the U.S. in Iraq.

The humankind of the world, the statement went on, have clearly seen once again the barbarity and aggressive nature of the U.S. through those facts reported by media despite the Bush administration’s control on the press.

Nevertheless, the “government” authorities, with much talk about “alliance” with the U.S., are still going to dispatch troops to Iraq for cooperation in the war of aggression, thereby driving people to the field of death.

Troop dispatch to Iraq can never be justified from the historical, legal and conscientious point of view, the statement said, and demanded the “government” immediately retract the decision on troops dispatch to Iraq.

Quote Number 2: Higgs or KCNA?

And make no mistake: plenty of war crimes have been, and continue to be, committed for which these men, along with many other civilian and military agents of the government, bear full responsibility. After all, in violation of the rule the Allies enforced against the Nazis at the post-World War II Nuremburg Trials, they chose to launch an aggressive, unprovoked, and unnecessary war against the Iraqi people, and during the past year they have undertaken to impose U.S. domination on the conquered people by rampant military violence. That many Iraqis have fought back against their occupiers in no way justifies U.S. actions. Everyone has a right of self-defense. What would you do if your country had been occupied by murderous and sadistic foreign troops?

The worst U.S. crimes in Iraq have received far less press than the photos of U.S. soldiers having fun and games with the prisoners at Abu Ghraib?not that the prisoners were anything but terrified by these vile amusements?but the truly terrible crimes have not gone totally unreported, especially in the news media outside the United States.

(…)

Bush and Rumsfeld have been busy with apologies this past week, to be sure, and the prison hijinks at Abu Ghraib certainly cry out for apologies, as well as for a great deal of additional effort to restrain the sadists and sexual psychopaths among the U.S. troops in Iraq and to bring some measure of justice to those who have been wronged. Yet this whole mess, its powerful symbolism notwithstanding, has constituted a gigantic distraction from the truly monstrous crimes committed, and still being committed daily, by U.S. forces in Iraq.

Saddam Hussein now languishes in U.S. custody; his government has been overthrown; no weapons of mass destruction existed in Iraq, and therefore “disarming” the Iraqis of such weapons proved unnecessary. In short, the declared U.S. mission has long since been accomplished fully. Why then does the U.S. government persist in slaughtering the Iraqi people?

These two quotes are so similar that they may have caused you to think that it was a trick question and that both were actually from the same nutcase KCNA “news” source. However, quote number 1 is from the North Korean propaganda machine and Quote nuumber 2 is from Higgs. Nice work, Higgs. I hope you get a kick out of seeing who your closest political bedfellows are.