South Korea’s ruling People Power Party (PPP) and the Democratic Party of Korea (DPK) are poised for a confrontation over a package of judicial reforms, with the DPK moving to pass three key bills – a controversial “law-distortion act,” a revision to allow constitutional challenges to court rulings, and a plan to expand the Supreme Court – without amendments.
The bills, collectively dubbed the “judicial reform 3 laws,” cleared the National Assembly’s Legislation and Judiciary Committee on February 22nd, despite objections from the PPP. The DPK intends to bring the measures to a vote during the current parliamentary session, which runs through March 3rd.
At the heart of the package is the proposed law addressing the distortion of legal principles, often referred to as the “law-distortion act” (형법 개정안). The DPK has rejected calls for revisions to this bill, pushing forward with its original form. The other two bills include a revision to the Constitution and Constitutional Court Act – the “re-trial law” (재판소원법) – which would allow challenges to Supreme Court decisions, and a revision to the Court Organization Act to expand the number of Supreme Court justices from 14 to 26.
The expansion of the Supreme Court, to be implemented in stages over three years with the addition of four justices annually, is intended to address the growing backlog of cases, according to the DPK. However, the PPP has denounced the move as a thinly veiled attempt to influence judicial outcomes, specifically in cases involving prominent opposition figures. PPP lawmakers have characterized the reforms as a bid to overturn legal results in favor of those aligned with the current administration.
The “re-trial law” has drawn criticism from legal experts and the PPP, who argue it effectively establishes a fourth tier of judicial review, undermining the finality of court decisions. The PPP claims the law is designed to allow for the revisiting of cases involving Lee Jae-myung, the leader of the DPK, who faces multiple legal challenges. The PPP staged a walkout during the committee vote in protest.
The DPK, along with the Jooguk Innovation Party, pushed the bills through the Legislation and Judiciary Committee, dismissing the PPP’s concerns. The PPP has vowed to resist the measures, anticipating a filibuster during the upcoming plenary session. The Law Enforcement Agency has expressed opposition to the “re-trial law,” characterizing it as a move towards a de facto four-tier judicial system.
The bills now await a vote in the National Assembly, where the DPK holds a majority. The outcome remains uncertain, with the PPP signaling its intention to employ all available parliamentary tactics to block their passage.
