The so-called "Three Judicial Reform Laws" covering judicial distortion crimes, constitutional appeals against court rulings, and expansion of Supreme Court justices were officially promulgated through the electronic Official Gazette at midnight on March 12.
The government posted in the electronic Official Gazette the partial amendments to the Court Organization Act (expansion of Supreme Court justices), Criminal Act (judicial distortion crimes), and Constitutional Court Act (constitutional appeals against court rulings). The constitutional appeals system and judicial distortion crimes take effect immediately upon promulgation, while the expansion of Supreme Court justices will proceed over three years starting March 2028.
Complaints Now Possible Against Judges Suspected of Judicial Distortion
The judicial distortion crime law stipulates imprisonment of up to 10 years and suspension of qualifications for up to 10 years when criminal judges, prosecutors, or those performing investigative duties distort the law with the intent to unlawfully or improperly benefit others or harm their rights. Judges suspected of judicial distortion can now be reported to investigative authorities. If investigators determine a specific judge intentionally distorted the law and refer the case to trial, another judge will examine whether judicial distortion occurred.
Judicial distortion includes: applying legal provisions while knowing requirements are not met, or intentionally not applying provisions that should apply, thereby affecting trial or investigation outcomes; destroying, concealing, forging, or altering evidence, or using forged or altered evidence; and illegally collecting evidence or recognizing criminal facts while knowing legitimate evidence does not exist.
Court Rulings Now Subject to Constitutional Appeals
Court rulings, previously excluded from constitutional appeal reviews, can now be challenged through constitutional appeals. Specifically, this applies when: basic rights are violated by ruling contrary to Constitutional Court decisions; basic rights are violated without following proper procedures stipulated by the Constitution and laws; and it is clear that court rulings violated the Constitution or laws and infringed basic rights.
Constitutional appeals against rulings can be filed within 30 days from the date a court judgment becomes final. Accordingly, constitutional appeals are now possible for final judgments rendered since February 10.
Constitutional appeals against court rulings cover not only Supreme Court judgments and decisions but all finalized judgments and decisions including first and second instance courts. However, filing a constitutional appeal without exhausting available appellate procedures will likely be dismissed for violating the "principle of subsidiarity."
Filing a constitutional appeal alone does not suspend the ruling's effect. For criminal judgments, sentence execution continues. While provisional measures are possible if injunctive relief is granted, the Constitutional Court views the likelihood of such relief as very limited.
The Constitutional Court expects 10,000 to 15,000 constitutional appeals against rulings annually—three to five times the approximately 3,000 constitutional appeal cases filed last year. The legal community has raised concerns that most litigants will bring cases to the Constitutional Court, prolonging disputes, increasing costs and burdens on parties, and overloading the court's operations. However, the Constitutional Court maintains that many of these will be dismissed at the designated panel stage.
Supreme Court Justices to Increase from 14 to 26
The current 14 Supreme Court justices will increase to 26 over three years starting 2028, with four added annually. The legislative intent is to resolve the backlog of appeals to the Supreme Court. Currently, each justice handles an average of 3,478 cases annually; reducing this burden could accelerate case processing. President Lee Jae-myung and all future presidents will appoint 21 to 22 Supreme Court justices during their terms.
Opposition parties and some in the legal community have voiced concerns about "an attempt by the government and ruling party to control the judiciary," fearing most justices will be filled with individuals sympathetic to the ruling party.
Given limited judicial resources, critics warn that significantly increasing Supreme Court justices could weaken lower courts. The number of judicial research officials assisting Supreme Court justices (currently 101) will also increase accordingly. This ultimately means fewer judges for first and second instance courts that handle factual disputes, potentially inconveniencing citizens seeking swift resolution of lawsuits.
Nationwide Court Chiefs Discuss Follow-up Measures
Court chiefs from across the nation will discuss follow-up measures for the Three Judicial Reform Laws over two days starting today at Forest Resom in Jecheon, North Chungcheong Province.
The meeting agenda includes three items: follow-up measures for judicial system reform and support measures for criminal judges under the judicial distortion law. Judicial Research and Training Institute Director Kim Si-cheol (19th class) will preside, with 45 court chiefs from various levels nationwide, Court Administration Office Deputy Director Ki Woo-jong (26th class), and bureau directors in attendance. Supreme Court Chief Justice Cho Hee-dae is also expected to attend and deliver remarks.
On February 25, as the Democratic Party's processing of the Three Judicial Reform Laws appeared imminent, nationwide court chiefs held an emergency meeting and stated they "express serious regret over the current situation where bills were submitted to the plenary session without public discussion or deliberation despite the judiciary's expressed concerns." They outlined specific concerns about potential side effects of the Three Judicial Reform Laws.