Lawmakers pass bill to create special insurrection tribunals - The Korea Times

Lawmakers pass bill to create special insurrection tribunals

Lawmakers pass a bill to create special insurrection tribunals at the National Assembly in Yeouido, Seoul, Tuesday. Main opposition People Power Party lawmakers boycotted voting on the bill, which aims to expedite trials related to ex-President Yoon Suk Yeol's martial law declaration in late 2024. Yonhap

Lawmakers pass a bill to create special insurrection tribunals at the National Assembly in Yeouido, Seoul, Tuesday. Main opposition People Power Party lawmakers boycotted voting on the bill, which aims to expedite trials related to ex-President Yoon Suk Yeol's martial law declaration in late 2024. Yonhap

PPP leader Jang Dong-hyeok sets new domestic record for longest filibuster

The National Assembly on Tuesday passed a contentious bill to create specialized tribunals to handle insurrection-related cases, a step widely seen as aimed at managing legal proceedings tied to former President Yoon Suk Yeol’s martial law declaration in late 2024. The measure was driven by the majority-holding Democratic Party of Korea (DPK), despite fierce opposition from the conservative People Power Party (PPP).

The bill, known as the Special Act on Criminal Procedures for Insurrection, Foreign Aggression, and Rebellion, calls for the establishment of at least two dedicated judicial panels at both the Seoul Central District Court and the Seoul High Court. Each panel, composed of three judges, will hear only insurrection-related cases, including those connected to the martial law declaration.

National Assembly Speaker Woo Won-shik bangs the gavel after passing the Special Act on Criminal Procedures for Insurrection, Foreign Aggression, and Rebellion, during a plenary session of the National Assembly in Seoul, Tuesday. Lawmakers from the main opposition People Power Party did not participate in the vote. Yonhap

The bill cleared the plenary session in a revised form after lawmakers removed provisions that had raised constitutional concerns, most notably a clause establishing a judge recommendation committee. Under the updated law, judges’ councils at the two courts will first set standards for forming the specialized panels, after which court administrative committees will draft judicial assignments, subject to approval by the councils. The DPK maintains that the revisions remove any risk of unconstitutionality, while the PPP contends the law still constitutes legislative overreach and threatens judicial independence.

Supporters of the legislation argue that the specialized tribunals are necessary to ensure accountability for Yoon and his aides over the declaration of martial law, calling the measure a response to the gravity and uniqueness of the alleged crimes.

While the law stipulates that specialized tribunals be established in principle from the first trial stage, a supplementary provision allows cases already underway at the time of enactment to continue before their existing panels. As a result, Yoon’s ongoing insurrection case will remain with the current judge at Seoul Central District Court, ensuring continuity in proceedings while the new judicial framework takes effect for future cases. The provision has been interpreted as a way to balance the law’s intent to expedite insurrection trials with the need to avoid disrupting ongoing legal processes.

Rep. Jang Dong-hyeok, leader of the People Power Party, speaks during an unlimited debate on the Special Act on Criminal Procedures for Insurrection, Foreign Aggression, and Rebellion, during a plenary session of the National Assembly in Seoul, Monday. Yonhap

In a dramatic protest, the PPP immediately launched a filibuster against the legislation. Party leader Rep. Jang Dong-hyeok took the podium as the first speaker, making history as the first sitting leader of the main opposition to personally lead a filibuster under Korea’s constitutional framework. He spoke for nearly 24 hours, setting a new domestic record and surpassing the previous mark of 17 hours and 12 minutes, held by a fellow party lawmaker last September, underscoring the intensity of the opposition’s resistance.

The filibuster automatically ended after 24 hours under parliamentary rules, allowing the DPK-led majority to proceed with a vote. The bill was then passed swiftly.

After the marathon filibuster, Jang told reporters that he had done everything in his power to alert both the public and fellow lawmakers to what he described as the bill’s unconstitutionality. He said the filibuster was meant as a warning of the potential risks posed by the legislation and added that he would strongly urge President Lee Jae Myung to exercise his veto power, signaling that the opposition intends to continue challenging the measure.

“The intention is to form a special court staffed with judges favored by the DPK to obtain desired rulings at desired times,” Jang said. “If there is any commitment to upholding the Constitution, the president must exercise the veto.”

Anna J. Park

Anna Jiwon Park has been covering the politics at The Korea Times since the summer of 2024, when she joined the press pool for the Office of the President in Korea. Prior to that, she spent about five years reporting extensively on financial markets, regulatory authorities and the financial industry. She joined The Korea Times in 2019 after spending eight years as a broadcast journalist at Arirang TV, Korea’s leading global broadcaster, covering politics, defense and culture.

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