The Democratic Party of Korea has decided to hold consecutive National Assembly plenary sessions from the 24th through the 3rd of next month to sequentially process contentious bills opposed by the opposition, including the three judicial reform bills—the law distortion crime, constitutional complaints against court rulings, and Supreme Court justice expansion—as well as the Daejeon-South Chungcheong administrative integration bill. The plan is to vote on one bill per day after ending the People Power Party's filibuster. The Democratic Party is particularly poised to push through the three judicial reform bills without compromise, despite significant constitutional controversy and concerns about national division. Analysts suggest that the rush to process these bills, which lack public consensus, is intended to rally hardcore supporters ahead of the June 3rd local elections.
The three judicial reform bills have faced persistent constitutional challenges, as they could undermine judicial independence and collapse the three-tier trial system. The law distortion crime, which would punish judges and prosecutors for fabricating facts or distorting legal application, has drawn criticism for violating the constitutional principle of clarity due to ambiguous standards for determining law distortion. Even progressive civic groups like People's Solidarity for Participatory Democracy have expressed concerns about potential abuse. The Supreme Court justice expansion bill raises concerns about bias, as President Lee Jae-myung would appoint 22 of 26 justices after the law passes. The constitutional complaint system against court rulings, which would allow appeals to the Constitutional Court when final court decisions potentially violate constitutional rights, faces substantial opposition from legal and academic circles citing unconstitutionality.
Supreme Court Chief Justice Cho Hee-dae stated on his way to work on the 23rd that the judicial reform legislation "contains grave matters that may require constitutional amendment and could directly harm citizens," adding that "it would be desirable to decide through sufficient public debate." Former Acting Constitutional Court Chief Moon Hyung-bae, who presided over former President Yoon Suk-yeol's impeachment trial, also opposed the measures, stating that "allowing constitutional complaints against court rulings could cause delays in case processing and increased litigation costs for citizens, while overloading the Constitutional Court."
Changing a judicial system that could shake the foundations of rule of law requires social consensus through public deliberation first. Pushing through the three judicial reform bills for political purposes ahead of local elections could invite the side effects of national division and harm to citizens. Even if it takes time, the proper course is to create reasonable legislation that the majority of citizens can support through sufficient social discussion and bipartisan consultation.
