Judges warn of risks in DPK-led bill to create special insurrection tribunal

Kim Ye-young, fourth from left, a Seoul Southern District Court justice who heads the representative judges of courts nationwide, speaks during a session at the Judicial Research and Training Institute in Goyang, Gyeonggi Province, Monday. Yonhap

Judges from courts across the country convened Monday in an official session, expressing concerns that the ruling Democratic Party of Korea’s (DPK) judicial reform plans might violate the Constitution and undermine the independence of the judiciary. The DPK has been seeking to create a specialized division for insurrection cases, and to allow the punishment of judges and prosecutors who deliberately distort legal principles or manipulate facts in cases under trial or investigation.

The ruling party has argued that a special tribunal is needed to address perceived delays and unfairness in trials related to insurrection cases stemming from former President Yoon Suk Yeol’s martial law imposition late last year.

After roughly six hours of deliberation, the judges said the current judicial reform proposals could pose a serious threat to trial independence, urging lawmakers to proceed with far greater caution. At the same time, they acknowledged the gravity of cases involving the martial law crisis and recognized the strong public interest and concern surrounding them.

The judges said judicial reforms should aim to strengthen the protection of citizens' rights and enhance public trust in the courts. They emphasized that any discussion must fully reflect public expectations and demands as well as the views of the judges who preside over trials.

The gathering, attended by elected delegates from each court, serves as a forum for judges to voice opinions and make recommendations on judicial administration and the independence of the judiciary. It can convene only when a majority of representatives are present. For this meeting, 108 of the council’s 126 members took part either online or in person.

The regular meeting was held at the Judicial Research and Training Institute in Goyang, Gyeonggi Province, following concerns voiced Friday by top judges from courts nationwide that judicial reform bills advanced by the liberal bloc could conflict with the Constitution.

Proposed reforms include creating a special division to handle cases involving insurrection charges or external influence, introducing a new offense targeting judges or prosecutors who intentionally distort the law and expanding the investigative powers of the Corruption Investigation Office for High-ranking Officials.

They are also considering increasing the number of Supreme Court justices and allowing constitutional complaints to be filed while trials are still underway.

The special bill to establish a dedicated division for insurrection cases has been criticized for undermining random case assignment and potentially violating the constitutional right to a fair trial.

The proposed “legal distortion” offense — which would punish judges or prosecutors for deliberately misinterpreting the law to favor a particular case — has also raised concerns that its vague scope could discourage them from exercising independent judgment.

Furthermore, representative judges raised concerns about proposed changes to the personnel and evaluation system for judges.

They argued that changing the system could jeopardize judicial independence, job security for judges and, ultimately, public trust in the courts. Such reforms, they said, should not be pushed through hastily in response to short-term debate or fluctuating public sentiment.

Lawmakers of the ruling Democratic Party of Korea leave a parliamentary chamber after a closed-door general assembly at the National Assembly in Yeouido, Seoul, Monday. Yonhap

The judges added that any overhaul must involve sufficient research and broad discussion, balancing judges’ views with public expectations and concerns through a comprehensive review process.

Meanwhile, the DPK signaled a pause in its plans, saying it would convene another party meeting before proceeding. It also announced that it would gather broader perspectives on the proposals before making a final decision at its next party meeting.

Last Wednesday, DPK lawmakers pushed the special bill to create a dedicated division for insurrection cases through the National Assembly’s Legislation and Judiciary Committee, despite a boycott by the main opposition People Power Party.