DPK presses ahead with contentious ‘law distortion’ bill despite mounting opposition

A Criminal Act amendment containing the "law distortion" offense is being passed at the plenary session of the February extraordinary National Assembly held in Seoul, Thursday. Main opposition People Power Party lawmakers boycotted the vote. Yonhap

Korea’s National Assembly on Thursday passed a controversial amendment to the Criminal Act, known as the “law distortion” bill, driven by the majority-holding ruling Democratic Party of Korea (DPK). The measure is one of three flagship judicial reform initiatives the party has pledged to advance.

The new provision criminalizes the intentional misapplication of the law by judges and prosecutors in ongoing criminal trials or investigations to unlawfully benefit or harm a party. Those convicted face penalties of up to 10 years in prison and suspension from office for the same period.

The main opposition People Power Party (PPP) fiercely opposed the bill, launching a filibuster on Wednesday and denouncing it as a “malicious law” that would undermine the judicial system. After 24 hours of debate, however, the DPK and other pro-government lawmakers voted to end the filibuster and moved forward with its passage.

Lawmakers of the ruling Democratic Party of Korea vote to end the filibuster on the revised Criminal Act amendment at the National Assembly in Seoul, Thursday. The bill was introduced to the assembly's plenary session the previous day. Yonhap

After passing the Legislation and Judiciary Committee earlier this week, the original draft drew significant pushback, with opponents arguing that it violates the constitutional principle of legal clarity.

In response, the DPK revised the bill, narrowing its scope to only judges involved in criminal trials and prosecutors who file or maintain indictments in criminal cases. Compared with the original version, which applied broadly to all judges and prosecutors, the amendment significantly limits its reach by excluding those handling civil, administrative and family cases.

The amendment also substantially clarifies the provisions defining acts of law distortion in an effort to prevent the possibility of arbitrary enforcement.

Specifically, the original draft defined the core elements of the offense as including “cases in which a law is intentionally misapplied to advantage or disadvantage one party to the proceedings” (Clause 1) and “cases in which criminal facts are recognized without evidence or in clear contradiction to logic or common experience” (Clause 3). Both clauses drew significant criticism for their vague wording and the potentially broad scope of interpretation.

In the revised version, Clause 1 was tightened to cover “cases in which a law is applied despite knowing that the statutory requirements for its application are not satisfied, or a law that should be applied is knowingly not applied, thereby intentionally influencing the outcome of a trial or investigation.” Clause 3 was also narrowed to apply to “cases in which criminal facts are recognized despite knowing that no lawful evidence exists.”

Judges attend the national meeting of chief judges held at the Supreme Court in southern Seoul, Wednesday. Joint Press Corps

Despite these changes, the judiciary remains strongly opposed. At a national meeting of chief judges on Wednesday, they warned that the elements of the crime outlined in the bill remain abstract and could “violate the constitutional principle of legal clarity.” The chief judges added that “the punishment provisions could lead to serious side effects, including a flood of complaints and accusations,” and warned that the bill may undermine both the right to a speedy trial and the protection of citizens’ fundamental rights.

They also expressed “serious regret” that the bill had been referred to the National Assembly’s plenary session without sufficient public discussion or careful deliberation over the potential side effects, despite concerns raised by the judiciary and various sectors of society.

The DPK has been promoting the bill since 2024, arguing that it is intended to prevent biased investigations and indictments. However, the conservative political camp has opposed it, contending that it is designed to intimidate prosecutors and allow politicians accused of crimes to evade judicial risks.

Aligning with the judiciary, the PPP launched a filibuster, denouncing the bill as political retaliation against the courts and an attempt to shield President Lee Jae Myung.

“Everyone is opposed to the passage of the bill except the Lee administration and its hard-line supporters,” PPP floor leader Jang Dong-hyeok said Thursday. He added that not only the nation’s chief judges but also broad segments of the legal community, including progressive lawyers’ groups, have expressed concerns.

The PPP ultimately boycotted the final vote after DPK lawmakers voted to bring the filibuster to a close.