South Korea Passes Bill Allowing Constitutional Review of Supreme Court Rulings

Politics|
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By Heo Jin
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Tense standoff between ruling and opposition parties... 'Court Appeal Act' passes plenary session - Seoul Economic Daily Politics News from South Korea
Tense standoff between ruling and opposition parties... 'Court Appeal Act' passes plenary session

A bill allowing final court rulings to be challenged before the Constitutional Court passed the National Assembly on Monday, led by the ruling party. The so-called "judicial appeal system bill" (revision to the Constitutional Court Act) cleared the plenary session amid intense confrontation with the opposition People Power Party, which labeled the move "destruction of the judiciary."

The National Assembly forcibly ended a 24-hour filibuster before putting the bill to a vote. It passed with 162 in favor and 63 against out of 225 members present. While PPP members and some minor party lawmakers voted against, the bill passed with overwhelming support from the ruling Democratic Party of Korea and its allied parties.

The key provision opens a path for challenging the constitutionality of rulings at the Constitutional Court even after Supreme Court decisions. Grounds for appeal include rulings that contradict Constitutional Court decisions, loss of procedural legitimacy, and clear violations of fundamental rights. Notably, if the Constitutional Court orders a ruling overturned, courts must retry cases in accordance with the Constitutional Court's decision. The court is also granted authority to suspend ruling effects until a new verdict is delivered, signaling major changes to the judicial system.

The ruling and opposition parties engaged in extreme confrontation during the process. Around 50 PPP lawmakers protested fiercely near the speaker's podium, holding signs reading "Completion of Dictatorship Through Judicial Destruction." The opposition conducted a 24-hour filibuster, arguing the bill was a "bulletproof bill" designed to reverse President Lee Jae-myung's legal risks. However, the filibuster was forcibly terminated through a motion to end debate supported by ruling coalition votes.

Immediately after passage, the Assembly introduced a bill to nearly double the number of Supreme Court justices from 14 to 26. The Democratic Party argues the increase is essential to resolve trial delays, citing South Korea's justice-to-population ratio as among the lowest in the OECD. PPP lawmaker Song Seok-jun, the first filibuster speaker, strongly criticized the move as "an attempt to appoint justices to their taste and stack the court in their favor."

The Supreme Court justice expansion bill is scheduled for a vote Tuesday evening, 24 hours after the filibuster began. If this bill also passes, the Democratic Party will have completed the legislative process for all three of its "judicial reform bills," including the judicial distortion crime bill and the judicial appeal system.

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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.