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Judiciary Committee Approves Increase in Court Judges and Supreme Court Justices on the 11th... Judiciary's Unprecedented Immediate Reaction
Supreme Court Chief Justice Cho Hee-dae [Photo=Yonhap News]
A clash between the judiciary and the political sphere is intensifying as Supreme Court Chief Justice Cho Hee-dae has publicly expressed concerns over the proposed introduction of retrial appeals and the increase in the number of Supreme Court justices, which have passed through the National Assembly's Legislation and Judiciary Committee.
The Chief Justice's immediate reaction to the legislative process is seen as unusual, and interpretations suggest that even within the judiciary, this issue is viewed not merely as a legislative debate but as a clash of systems.
Speaking to reporters on the 12th, Chief Justice Cho stated, "Deliberation through sufficient public discourse is necessary," adding, "As it could ultimately cause great harm to the public, the Supreme Court will continue to consult and persuade the National Assembly."
It is rare for the head of the judiciary to publicly advocate for caution immediately after a bill's passage, a move analyzed as demonstrating the significant impact of the issue.
The Legislation and Judiciary Committee, in its plenary session on the 11th, approved a bill to introduce "retrial appeals," which would allow constitutional appeals against final Supreme Court rulings, and an amendment to the Court Organization Act to increase the number of Supreme Court justices from the current 14 to 26.
The Democratic Party of Korea explained this as part of judicial reform and is pushing for its passage in the plenary session at the end of this month.
Opposition parties, including the People Power Party and the Reform Party, have opposed this legislation, calling it "Venezuelan-style judicial reform."
Song Eon-seok, the floor leader of the People Power Party, argued, "There is only one goal: to eliminate the criminal trial of President Lee Jae-myung and ensure his safety even after his term ends."
Some opposition figures have warned of the potential for power concentration, citing the case of former Venezuelan President Hugo Chávez, who significantly increased the number of Supreme Court justices in 2004 and then appointed pro-government figures, using the judiciary as a tool to maintain his regime.
Criticism has also come from outside the political arena.
Former Prime Minister Lee Nak-yeon stated on Facebook on the 12th, "The destruction of the rule of law has begun in earnest," arguing, "Retrial appeals, which ask the Constitutional Court again about the correctness of Supreme Court rulings, effectively create a fourth instance of trial."
He added, "A structure that places the Constitutional Court above the Supreme Court is an attempt to shake the constitutional system," and "When we look at the withdrawal of public prosecution, the increase in Supreme Court justices, and retrial appeals together, the shadow of 'impenetrable defense' looms."
While the ruling party emphasizes the expansion of protection for citizens' basic rights and the improvement of judicial procedures, the Supreme Court's public expression of concern suggests that this debate is escalating beyond a mere political spat into a conflict over the separation of powers and the structure of the judicial system.
The conflict surrounding whether the bill will be passed in the plenary session is also expected to intensify.
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