The Democratic Party of Korea revised its controversial "judicial distortion crime" bill (Criminal Act amendment) just before bringing it to a floor vote, after concerns about unconstitutionality emerged from within its own ranks.
The revisions came as both the Democratic Party and its ally, the Rebuilding Korea Party, raised concerns that the bill violated the "principle of clarity" and could undermine the legislation's intent.
However, legal experts warn that even with the revised wording, fundamental constitutional issues remain unresolved.
On January 25, the National Assembly forcibly ended a filibuster led by the People Power Party that had begun the previous day, passed a Commercial Act amendment, and then introduced the Criminal Act revision containing the judicial distortion crime and espionage law amendments.
The Democratic Party leadership partially revised the Criminal Act amendment before resubmitting it. Rep. Cheon Jun-ho, the party's senior deputy floor leader for parliamentary operations, explained the changes were made "to prevent constitutional disputes."
With the People Power Party responding through filibuster, the Democratic Party plans to forcibly end debate and proceed with the bill's passage on the afternoon of January 26, 24 hours after the filibuster began.
The bill aims to punish judges and prosecutors who intentionally misapply laws. While intended to prevent abuse of power by judges and prosecutors, critics argue it could undermine judicial independence and threaten the foundation of separation of powers.
The revised bill limits applicable cases to "criminal cases" and modified Articles 123-1 and 123-3, which had raised constitutional concerns.
Article 1's phrase "intentionally misapplying laws" was specified to mean "applying laws while knowing the requirements for application are not met, or failing to apply laws while knowing they should be applied."
Article 3's language about "recognizing criminal facts without evidence or recognizing facts in clear violation of logic or empirical rules" was changed to "recognizing criminal facts while knowing no legitimate evidence exists."
During a closed-door meeting of Democratic Party lawmakers, concerns were raised that the provisions' vagueness could trigger constitutional challenges or severely constrain court functions.
Democratic Party Floor Leader Han Byung-do said, "Many lawmakers requested revisions during the meeting."
Cho Kuk, leader of the Rebuilding Korea Party who has strongly advocated for the judicial distortion crime legislation, also posted on social media that day: "The clause about 'intentionally misapplying laws to favor or disadvantage one party' needs to be revised or deleted before introduction."
Party leadership found the calls for revision persuasive and hurriedly resubmitted the amended bill just before ending the filibuster.
However, Rep. Kim Yong-min, the Democratic Party's chief secretary on the Legislation and Judiciary Committee, strongly objected in comments to reporters: "It is very wrong that this was made party policy without consulting the Judiciary Committee. The party leadership and floor leader must take responsibility."
Judiciary Committee Chair Choo Mi-ae posted on her social media: "Don't distort the judicial distortion crime as unconstitutional. Don't we absolutely need this 'Ji Gwi-yeon Prevention Act' that addresses the collapse of equality before the law?"
The Criminal Act amendment also includes provisions expanding espionage crime targets from "enemy states" to "foreign countries or equivalent organizations." Those who commit or assist espionage face death penalty, life imprisonment, or imprisonment of seven years or more.
While both ruling and opposition parties agreed on the need for revision as espionage activities involving countries other than North Korea have increased, the bill's processing has been delayed due to the judicial distortion crime provisions bundled in the same Criminal Act amendment.
Meanwhile, the National Assembly forced through the third Commercial Act amendment, led by the ruling coalition, which mandates companies to cancel treasury shares within one year of acquisition. The aim is to boost stock prices by eliminating abuses such as minority shareholders exercising excessive control through treasury shares.
However, business groups express concern that implementing this law would eliminate defenses against hostile M&A threats from global hedge funds and corporate raiders.
President Lee Jae-myung posted on his X (formerly Twitter) account ahead of the Commercial Act amendment's passage: "This is reform legislation that most companies accept and shareholders and citizens welcome. I hope it passes as soon as possible."