Clash over judicial reforms deepens as filibuster limits, special court proposal gain traction

People Power Party Chairman Jang Dong-hyeok, center, speaks during a meeting at the National Assembly in Seoul, Friday, to review the Lee Jae Myung administration’s first six months in office. Yonhap

Korea’s rival political parties are bracing for a tense year-end showdown, with the ruling Democratic Party of Korea (DPK) pressing ahead with a slate of judicial reform bills and the opposition People Power Party (PPP) preparing a filibuster-driven counteroffensive.

The standoff between the legislature and the courts intensified as the judiciary voiced rare constitutional concerns, while the DPK accused court leaders of shirking responsibility amid declining public trust.

The DPK supports a revision to the National Assembly Act that would empower the parliamentary speaker to halt a filibuster if the number of attending lawmakers falls below 60 — a threshold often difficult to maintain during prolonged sessions. The DPK describes the measure as a necessary check on the excessive use of the procedural delay tactic, seeking to ensure legislative efficiency before the current session concludes. The PPP says it will launch a filibuster as soon as the measure is put forward, even though it would terminate automatically at midnight.

Once the extraordinary session opens Wednesday, the DPK plans to move quickly on its judicial overhaul. The package includes creating a special court division for insurrection and cases involving outside influence, introducing a new offense targeting intentional legal distortion by judges or prosecutors and expanding the investigative powers of the Corruption Investigation Office for High-Ranking Officials.

Lawmakers are also weighing proposals to increase the number of Supreme Court justices and to allow constitutional complaints to be filed during active trials, measures that could come to a vote later this month.

But on Friday, the nationwide conference of chief judges issued an unusually blunt warning, arguing that the special court and the new distortion offense threaten judicial neutrality and could compromise defendants’ right to a fair trial.

And on Monday the conference of judges voiced alarm that the proposed measures pose a severe threat to the nation's judicial independence.

DPK spokesperson Bak Seung-a pushed back, saying the judiciary has failed to explain its role in eroding public confidence.

“Nearly a year after the unlawful martial-law attempt, the insurrection trial remains stalled,” she said. “During that time, former President Yoon Suk Yeol was briefly released, and arrest warrants for major co-conspirators were repeatedly denied.”

She added, “Instead of reflecting on why trust in the judiciary has collapsed, court leaders are deflecting responsibility while clinging to their authority.”

The DPK pointed out that key rulings and arrest warrants related to the 2024 martial law case have been repeatedly delayed or dismissed. Party officials say that a policy caucus on Monday will determine whether revisions are needed before the bills are put to a vote.

The PPP has labeled the DPK’s plans as “legislative overreach” and vowed to respond with every available procedural tool.

PPP senior spokesperson Park Sung-hoon defended the judiciary. “When a judiciary that is normally extremely cautious about political matters publicly raises constitutional concerns, it signals that our constitutional order is already under strain. We must take their warning seriously.”

Park continued, “Their concerns are clear. Creating a separate court division for a specific case is an unconstitutional idea, no different from forming a people’s tribunal designed to produce rulings favorable to those in power.”

The party is preparing teams of members to take turns filibustering for as long as the current rules permit.