Judicial Reform Surge: Judges' Representative Conference Opens... Will Opinions on Treason Tribunals Emerge?

The National Conference of Judges' Representatives, a deliberative body of judges, has expressed its stance that the proposed bills for establishing special treason tribunals and introducing a new crime of judicial distortion, currently being discussed in the National Assembly led by the ruling party, raise concerns about unconstitutionality and potential infringement on judicial independence.

Regarding proposed improvements to the judicial system, the conference emphasized the need for sufficient reflection of public expectations and judges' opinions, highlighting the importance of gathering diverse viewpoints.

The Judges' Representative Conference made these statements after holding its regular meeting for approximately six hours from 10 AM on the 8th.

During the meeting, a motion to state an opinion on the proposed establishment of treason tribunals and the introduction of the crime of judicial distortion was introduced on-site and passed with 50 votes in favor out of 79 attendees among the 126 members.

In relation to these matters, the judges' representatives stated, "We are acutely aware of the importance of trials related to martial law and the immense public interest and concern surrounding them." However, regarding the currently discussed bills, they issued a statement urging "cautious deliberation due to significant concerns about unconstitutionality and potential infringement on judicial independence."

During the conference, opinions were also presented, such as "Given the urgency of the discussion, it is necessary to express an opinion on unconstitutionality," "It is also necessary to express an opinion on the importance of trials related to martial law and public concerns," and "Considering that the discussion of the bills stems from a distrust of the judiciary, focusing solely on the unconstitutionality of the bills will not persuade the public."

Regarding improvements to the judicial system, both the agenda proposed by the Trial System Subcommittee and the agenda proposed by the Judicial Personnel and Evaluation System Subcommittee concerning changes to the judicial personnel and evaluation system were approved.

On the matter of judicial system improvements, the judges' representatives stated, "Improvements to the judicial system should be made in a direction that enhances the relief of citizens' rights and increases public trust in trials," adding, "The public's expectations and demands for the judiciary, as well as the opinions of judges handling trials, must be sufficiently reflected in the discussion."

Specifically, improvements to the appellate review system should be pursued through sufficient consensus and empirical discussion, without weakening the fact-finding review, and measures to strengthen fact-finding review should be discussed concurrently.

To ensure democratic legitimacy in the composition of Supreme Court justices, it was emphasized that institutional improvements are needed to enhance the diversity and transparency of procedures in the Supreme Court Justice nomination committee and to strengthen its verification functions.

Regarding changes to the judicial personnel and evaluation system, it was prefaced that "this can have a significant impact on judicial independence, the guarantee of judges' status, and ultimately, public trust in the judiciary. Therefore, it should not be hastily pursued based on short-term discussions or public opinion."

It was pointed out that "a process of comprehensive review, which balances the expectations and concerns of the public with the opinions of judges, through sufficient research and broad discussion, is absolutely necessary."

On this day, the conference requested explanations from the Court Administration and Management Office regarding recently proposed bills by the ruling party to abolish the Court Administration and Management Office, strengthen judicial disciplinary measures, establish special treason tribunals, and introduce the crime of judicial distortion. In response, examiners from the Administration and Management Office provided detailed explanations on the progress and content of these bills and answered questions regarding the office's review and stance.

The National Conference of Judges' Representatives is a body composed of representative judges elected from courts at all levels, which expresses opinions or makes recommendations regarding judicial administration and judicial independence. The meeting, held both online and offline, commenced this morning with 84 out of 126 judges' representatives attending, exceeding a majority.

Previously, at the regular meeting of the National Court Presidents' Conference held on the 5th, presided over by Chief Justice Chun Dae-yeop of the Court Administration and Management Office (Supreme Court Justice), senior judges at the level of court presidents had also expressed strong concerns regarding proposed judicial reform bills, such as the establishment of special treason tribunals and the introduction of the crime of judicial distortion, deeming them highly unconstitutional.

Starting from the 9th, the Supreme Court will hold public hearings on judicial system reform to hear various opinions from all sectors regarding judicial reform agendas.

Kim Ye-young, Chairperson of the National Conference of Judges' Representatives, speaking. Yonhap News