The Democratic Party of Korea is expected to pass the "judicial distortion crime" bill (Criminal Code amendment) in the National Assembly plenary session on Thursday, despite persistent concerns over its constitutionality.
The party made last-minute revisions to the bill just before its submission following continued criticism that it violates the "principle of clarity." However, legal circles maintain that fundamental constitutional issues remain unresolved.
According to political sources, the Democratic Party plans to process the Criminal Code amendment containing both the judicial distortion crime and revised espionage provisions in Thursday's plenary session.
The judicial distortion crime aims to punish judges and prosecutors who intentionally misapply laws. While proponents argue it prevents abuse of power, critics warn it could undermine judicial independence and shake the foundations of the separation of powers. Expressions such as "distorting the law" or "significantly misjudging facts" have drawn particular criticism for being too abstract and violating the principle of clarity.
During a closed-door general meeting of Democratic Party lawmakers on Wednesday, concerns were raised that the bill's vague provisions could trigger constitutional challenges or constrain judicial functions. Floor Leader Han Byung-do said, "There were many opinions from lawmakers requesting revisions at the general meeting." Cho Kuk, leader of the Rebuilding Korea Party who has championed the legislation, also stated, "The clause regarding 'cases where laws are intentionally misapplied to favor or disadvantage one party' needs to be revised or deleted before submission."
Party leadership undertook revisions just before submission in response to these criticisms. The amended bill limits applicable cases to "criminal cases." The phrase "intentionally misapplying laws" was specified as "applying laws while knowing the requirements for application are not met, or not applying laws while knowing they should be applied." The clause regarding "recognizing criminal facts without evidence or recognizing facts in significant violation of logic or empirical rules" was changed to "recognizing criminal facts while knowing no legitimate evidence exists."
Nevertheless, constitutional controversy continues, particularly within legal circles. Court chief judges held an emergency meeting on Wednesday and stated, "We express serious regret over the current situation where the bill has been submitted to the National Assembly plenary session without sufficient public deliberation or consideration of potential adverse effects of institutional reform, despite concerns expressed by the judiciary and various sectors of society."
Regarding the revised bill, they added, "The abstract nature of the criminal elements could excessively expand the scope of punishment, and the punitive provisions could lead to a flood of criminal complaints and accusations, causing severe side effects. There are concerns this could produce results that run counter to speedy trials and the protection of citizens' fundamental rights."
The Criminal Code amendment submitted to the plenary session also includes provisions expanding the scope of espionage charges from "enemy states" to "foreign countries or equivalent organizations." Espionage activities or aiding such activities would be punishable by death, life imprisonment, or imprisonment of seven years or more. While consensus had formed on the need for revision due to increasing espionage activities targeting countries other than North Korea, processing has been delayed as the bill became bundled with the judicial distortion crime legislation.