Cho Kuk, leader of the Rebuilding Korea Party, expressed support for the "law distortion crime" bill scheduled for a plenary session on the 25th while calling for partial amendments to the legislation.
"There is no need to reiterate my support for establishing the law distortion crime," Cho wrote on social media. "However, the provision stating 'intentionally misapplying laws to favor or disadvantage one party' needs to be revised or deleted before the plenary session."
"If this clause remains intact, judges who issue rulings challenging existing Supreme Court precedents—which occurs occasionally and sometimes leads to changes in Supreme Court decisions—could face complaints and investigations," he warned.
"I hope this bill will be properly refined, just as unconstitutional elements were removed from the draft special insurrection court law before its passage," Cho added.
The Criminal Code amendment, which passed the Legislation and Judiciary Committee led by the Democratic Party of Korea, would impose prison sentences of up to 10 years on judges or prosecutors who distort legal principles during investigations, indictments, or trials. However, concerns about unconstitutionality and unintended consequences have prompted calls for revision within the party ahead of the plenary vote.
Rep. Kwak Sang-eon of the Democratic Party shared concerns with colleagues about the need to supplement the bill. While agreeing with the legislation's intent, Kwak argued that the requirements are excessively abstract and could overly restrict judges' authority to interpret law, necessitating further deliberation.
"The judiciary would find it difficult to issue interpretations different from existing rulings, and attempting judgments that differ from established precedents could itself become risky," Kwak warned colleagues. "Courts have developed legal principles suited to each case, but introducing this crime could diminish this function and undermine the judiciary's fundamental role."
The broad application to "laws" was also raised as problematic, as interpretive disputes across civil, administrative, and criminal cases could escalate into criminal punishment issues.
The vagueness of requirements remains contentious. The amendment targets cases of "intentionally misapplying laws to favor or disadvantage parties" and "recognizing facts that manifestly contradict logic or empirical rules." Critics argue these expressions are too abstract and may violate the clarity principle required for criminal statutes. The Democratic Party's policy committee previously submitted a report noting that some provisions may violate clarity principles and could trigger successive complaints at each criminal and judicial stage.
Party leadership is expected to decide on amendments soon. The Criminal Code revision containing the law distortion crime is scheduled for introduction following the third Commercial Act amendment, currently under filibuster in the plenary session. If the filibuster on the Commercial Act ends today, the bill could be introduced immediately, requiring either a revised draft or schedule adjustment beforehand.