Lee Could Appoint 22 Supreme Court Justices During Term

Politics|
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By Noh Hae-chul
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Lee could appoint up to 22 Supreme Court justices during term... Court Administration chief resigns in protest - Seoul Economic Daily Politics News from South Korea
Lee could appoint up to 22 Supreme Court justices during term... Court Administration chief resigns in protest

The National Assembly will complete legislative procedures for three judicial reform bills led by the Democratic Party of Korea on January 28. The judiciary is clashing head-on with the legislature, opposing the forced passage of bills that raise concerns about unconstitutionality and infringement on judicial independence. Park Young-jae, the National Court Administration chief and Supreme Court justice, publicly protested against the ruling party's legislative steamroll by announcing his resignation.

The Democratic Party passed the Constitutional Court Act amendment introducing constitutional appeals against court rulings on January 27. The party plans to pass the Court Organization Act amendment to increase the number of Supreme Court justices on January 28. Combined with the Criminal Act amendment establishing the crime of judicial distortion that cleared the National Assembly on January 26, the so-called "three major judicial reform bills" will complete their legislative process over three days.

The bill to increase Supreme Court justices aims to address case backlogs by expanding the current 14 justices to 26. The expansion will occur in phases, adding four justices annually for three years starting two years after the bill's promulgation. When the expansion begins in February 2028, President Lee Jae-myung will appoint a total of 22 new justices—12 from the expansion plus successors to 10 incumbent justices whose terms expire during his presidency.

Opposition parties and some legal circles have sharply criticized the move as "an attempt by the government and ruling party to take control of the judiciary." Their concern is that the majority of Supreme Court justices will be filled with pro-government figures. Cha Jin-ah, a professor at Korea University School of Law, explained, "Court-packing—artificially restructuring the Supreme Court by increasing the number of justices at once—could subordinate the judiciary to political power. Criticism is being raised that the rule of law and democracy are in crisis."

The constitutional appeals bill opens a path to file constitutional complaints against Supreme Court final rulings if they potentially violate fundamental rights. This effectively introduces a "fourth trial" system since cases can receive Constitutional Court review even after becoming final at the third trial. Critics argue this violates the Constitution, which designates the Supreme Court as the highest court. The judicial distortion crime, which allows criminal punishment of judges and prosecutors who intentionally distort the law in trials or investigations, also carries significant implications. Critics warn this could create "litigation hell" as losing parties increasingly respond to unfavorable verdicts with criminal complaints.

Lee could appoint up to 22 Supreme Court justices during term... Court Administration chief resigns in protest - Seoul Economic Daily Politics News from South Korea
Lee could appoint up to 22 Supreme Court justices during term... Court Administration chief resigns in protest

Park's resignation announcement demonstrates that conflict between the government, ruling party, and judiciary over the three judicial reform bills has reached its peak. The National Court Administration chief is the second-ranking position in the judiciary, overseeing internal and external communications and judicial administration. Park was appointed as successor to Justice Cheon Dae-yeop on December 13, making his resignation after barely a month highly unusual. This reflects the accumulated internal opposition and sense of crisis from the forced passage of judicial reform legislation.

Park told reporters, "Considering recent circumstances and discussions inside and outside the courts, I believe stepping down will help the public and the judiciary. I earnestly hope the ongoing discussions on judicial system reform will proceed in a direction that benefits the people." He had previously opposed the judicial reform bills, stating "there was insufficient public deliberation, and side effects are feared for the public."

Analysts suggest pressure from the ruling party's offensive against the judiciary may have contributed to his decision. The Democratic Party leadership has repeatedly called for Chief Justice Cho Hee-dae's resignation, holding him responsible for public distrust in the judiciary. After learning of Park's resignation, Democratic Party leader Chung Chung-rae posted on social media: "The person who should resign is Chief Justice Cho. Cho, the root cause of judicial distrust, should resign immediately." At an earlier Democratic Party Supreme Council meeting in Daegu, Chung demanded Cho's resignation, stating "It is true that distrust in Cho Hee-dae's judiciary has become the driving force behind judicial reform."

The passage of the three judicial reform bills has pushed the ruling and opposition party standoff to extremes. The People Power Party is focusing on blocking the Democratic Party's legislation through filibustering and standing committee boycotts. The Democratic Party has signaled it will accelerate proceedings, mentioning fast-track designation of major pending bills and the National Assembly Speaker's authority to bring bills directly to the floor.

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AI-translated from Korean. Quotes from foreign sources are based on Korean-language reports and may not reflect exact original wording.