Kim Jeong-wook, President of the Korean Bar Association, delivering opening remarks. Yonhap News

The Korean Bar Association has urged cautious deliberation regarding the proposed establishment of a special court for sedition and the introduction of a law criminalizing judicial distortion, which are currently being discussed under the ruling party's initiative. The association expressed concerns from the perspective of the constitutional principles of separation of powers and judicial independence.

In a statement released on the 8th, the Bar Association stated, "Judicial independence is the ultimate safeguard ensuring that citizens can receive fair trials free from political influence, and it must not be undermined by any pretext."

The association pointed out, "While it is natural for the legislature to possess the authority to enact and amend laws related to the judiciary, the exercise of such authority must be based on the independence of each state organ and must conform to the essence of legislation, which involves general and abstract regulations." It added, "Legislation that targets specific cases or specific groups carries a high risk of violating the principle of equality before the law, a core tenet of the rule of law."

It further commented, "If the legislature repeatedly enacts legislation that influences the composition of courts or the duties of judges and prosecutors based on specific times and issues, it could raise questions about the constitutional limits of legislative power, and the public would find it difficult to sympathize with the purity of such legislative intentions."

The Bar Association clearly stated its opposition to the establishment of a special court for sedition, citing that "the Constitution guarantees the allocation of cases and the composition of courts as the inherent authority of the judiciary." Regarding the proposed law criminalizing judicial distortion, it opposed it by stating that "strict constitutional standards must be applied to the introduction of criminal penalties that could stifle the independent performance of judicial duties by judges."

Finally, the Bar Association emphasized, "The National Assembly must respect the constitutional principle of separation of powers and deeply recognize that judicial independence is the fundamental basis for guaranteeing the public's right to a fair trial." It urged "thorough and cautious deliberation on the proposed bills."

The bills concerning the establishment of a special court for sedition and the introduction of a law criminalizing judicial distortion passed the plenary session of the National Assembly's Legislation and Judiciary Committee on the 3rd, spearheaded by the Democratic Party of Korea, and are pending a vote by the full assembly.

The bill to establish a special court for sedition aims to create a special tribunal to handle sedition cases involving former President Yoon Suk-yeol and others in relation to the December 3rd martial law. The law criminalizing judicial distortion would allow for the punishment of judges or prosecutors who intentionally distort legal principles or fabricate facts in cases undergoing trial or investigation.

On the 5th, the National Conference of Senior Judges, a supreme judicial body comprising chief judges from various courts, discussed the two bills and expressed concerns, stating that they "undermine the neutrality of trials and public trust in the judiciary, and ultimately fundamentally infringe upon the right to a fair trial, thus carrying significant unconstitutionality."

The National Conference of Judges, a representative body of judges held this morning, is also discussing judicial reform proposals initiated by the ruling party, including these two bills.