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People Power Party Protests Judicial Reform Bills in Plenary Session Members of the People Power Party are protesting the three judicial reform bills (law distortion crime, judicial review system, increased Supreme Court justices) during the 8th extraordinary plenary session of the National Assembly on February 28th, after the vote on the motion to terminate unlimited debate on the amendment to the Court Organization Act (Supreme Court Justice Expansion Act), which was proposed the previous day. [Yonhap News]Despite criticism from the opposition bloc, which called it a "completion of Lee Jae-myung's dictatorship," the "three judicial reform bills" have been promulgated and immediately enforced today, casting a dark cloud over South Korea's judicial system.
The laws, including the establishment of a law distortion crime and the introduction of a judicial review system, took effect immediately upon their publication in the official gazette at midnight today. This comes just a week after the State Council approved the bills as originally proposed on the 5th, ignoring the People Power Party's request for the President to exercise his right of veto.
The expansion of Supreme Court justices is scheduled to be implemented in stages starting two years after promulgation.
The most significant change resulting from this reform is the judicial review system. With the deletion of the phrase "excluding judicial rulings" from Article 68(1) of the Constitutional Court Act, individuals can now file a petition with the Constitutional Court alleging infringement of fundamental rights, even concerning finalized court judgments.
A judicial review petition must be filed within 30 days of the date the court ruling becomes final. If the Constitutional Court annuls the ruling, the court must comply.
The Constitutional Court will establish a dedicated "preliminary review division" comprising eight research officers with more than 15 years of experience.
Furthermore, the amended Criminal Code introduces a "law distortion crime" provision that punishes judges and prosecutors who intentionally distort the law during trials or investigations.
Judges and prosecutors who intentionally misapply the law with the aim of providing unlawful or unfair benefits to others or infringing upon their rights and interests will be subject to imprisonment for up to 10 years or disqualification for up to 10 years.
The expansion of Supreme Court justices will take effect two years after the promulgation of the amendment to the Court Organization Act. Accordingly, the number of Supreme Court justices, currently 14, will increase by four each year for three years starting in 2028, eventually reaching a total of 26 justices.
Earlier, the People Power Party had expressed its opposition to the enforcement of the three judicial reform bills, stating, "The Democratic Party is collapsing South Korea's 80-year-old judicial system and disrupting constitutional order."
Supreme Court [Yonhap News]
Korea-US-Japan Times Social Affairs Department
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1. 대법관 증원 대신 헌법대로 대법원판사를 임명해서 대법원장과 법원행정처장을 제외한 대법관 1명당 대법원판사 2명씩 소부 12개를 구성하면 업무적체를 해소하고 재판업무 전문화도 가능.
2. 재판소원은 재판 자체가 실체적 진실이 아니라 절차적 진실을 찾아가는 과정이라는 소송의 한계를 감안하면 4심제가 3심제에 비해 실체적 진실에 가까이 갈 수있다는 보장이 없는 이상 현행 3심제 아래에서 절차적 정의를 구현할 수 없는 경우 예외적이긴 하지만 재심을 통해 재판소원이라는 사실상 4심제를 도입하여 이루려는 정의의 상당부분은 감당할 수 있으며, 4심제인 재판소원을 감당할 만큼 헌법재판소의 인적•물적 자원이 부족한 현실과 그에 따른 비용을 추가로 소송당사자에게 지우는 것은 경제적 약자에게 지나친 불평등을 초래할 수 있으므로 우리 현실상 불합리한 제도.
3. 법왜곡죄는 판사나 검사의 직무와 관련하여 기존의 직권남용죄에 해당하지 않는 영역까지 처벌하려는 의도라면 독재를 위한 악법일 뿐.
위증탄로 윤통탄핵 재심, 유죄환송 재명재판 속행!
이런데도 이들이 독재 정권이 아니라고 믿고 눈감는 국민은 북한 주민처럼 노예같이 살게 될거다.