Seoul Central District Court High Court. Yonhap News. 

Amid ongoing controversy surrounding the ruling party's push to establish a special treason court, the Democratic Party of Korea has proposed a 'dedicated treason court' as an alternative. However, legal circles are raising criticisms that this also infringes upon judicial independence.

Han Jung-ae, the policy committee chairwoman of the Democratic Party of Korea, explained at a press conference held at the National Assembly on the 14th, "We are proposing the establishment of a dedicated treason division within the Criminal Division of the Seoul Central District Court, rather than setting up a separate court."

The rationale is that since a special court is facing constitutional concerns, establishing a dedicated division within the existing court system to handle only treason cases, rather than creating a new, independent court, would not be unconstitutional.

However, concerns are being raised in legal circles that this could still undermine judicial independence.

In a phone interview with Yonhap News on the 15th, a chief judge at a high court in the Seoul metropolitan area stated, "Judicial power belongs to the courts under the Constitution," adding, "The legislature forcing the composition of a court and interfering with the distribution of duties also harms judicial independence."

Another chief judge at a district court in the Seoul metropolitan area commented, "The distribution of duties for all courts is determined democratically by each court's office distribution committee," and "Even the chief justice of a court or the Chief Justice of the Supreme Court cannot arbitrarily interfere. If this is enforced by legislation, it is a clear infringement of judicial independence."

A judge at a high court (equivalent to a chief judge at a district court) pointed out, "Creating dedicated divisions for general cases, such as those for sexual violence, is not problematic. But isn't this an attempt to create a division for specific cases?"

Another judge at a high court expressed concern, stating, "Whether it's a special treason court or a dedicated treason court, it's the same. The essence is to change the court handling currently ongoing cases," and "This could set a bad precedent of wanting to change judges if one doesn't like the outcome."

While a dedicated treason court could be established through legal amendments, it is also being pointed out that there is a risk of unconstitutionality if external influences intervene in the court's composition process.

A chief judge at a high court said, "If the composition of a court is influenced by external organizations or recommendation committees, it constitutes an infringement of judicial power under the Constitution."

Kim Kyung-soo, a lawyer (Law Firm Yulchon) and former Prosecutor General, also emphasized, "If judges with recognized qualifications are assigned, I believe there is no unconstitutionality from the perspective of case distribution," but added, "If an external body like a recommendation committee designates the judges, it is clearly unconstitutional."

The Lawyers for Human Rights and Unification of the Korean Peninsula, a conservative lawyers' group, also issued a statement on the same day, arguing, "The unconstitutionality of the law attempting to establish a dedicated treason court lies not in the qualifications of the judges, but in forcing the Chief Justice to appoint judges who are favorable to their preferences," and "The Court Organization Act also cannot escape unconstitutionality the moment it infringes upon the exclusive authority of judicial power."

However, within the judiciary, there are also voices calling for self-reflection.

A judge at a court in the Seoul metropolitan area said, "If the public does not recognize the value of judicial independence, the judiciary will inevitably collapse," and "We must reflect on whether we have fallen short in our efforts to reach out to the public through introspection and to re-examine our actions."

Jeong Wook-do, a chief judge at the Uijeongbu District Court, also posted a message on the court's internal network (CourtNet) on the same day, stating that while judicial independence is important, he questioned, "Is the judiciary a pure and innocent victim of unilateral threats to its independence? Has it fulfilled its role as a guardian of constitutional order and the last bastion of human rights in a national crisis?"

Amidst this, demands for the resignation of Chief Justice Cho Hee-dae have emerged, particularly from hardliners within the ruling party, leaving the judiciary in a state of bewildered observation.

A chief judge in the Seoul metropolitan area expressed concern, calling it "an overt infringement of the separation of powers," and asked, "Will there not be even greater demands from the ruling party towards the judiciary in the future?"

[Graphic] Legal Issues Related to the Introduction of a Special Treason Court. Yonhap News. 

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