The Democratic Party of Korea is speeding up to pass a "judicial reform plan" in the November regular session of the National Assembly that would sharply increase the number of Supreme Court justices from the current 14 to 26. If the law takes effect, President Lee Jae-myung would be able to appoint 22 of the 26 justices. While there are cautious voices in academia and within the party saying the plan "could become rushed legislation" and calling for stronger public deliberation, demands from the hard-core base are intense, and the Legislation and Judiciary Committee in charge is dominated by hard-liners.
The Democratic Party's Special Committee on Judicial Reform (the special committee) says discussions on the five key agendas of judicial reform, including adding Supreme Court justices, have already proceeded sufficiently. It says there is no need for further public deliberation. The committee plans to complete the legislative process in November.
On the 23rd, special committee Chairperson Baek Hye-ryeon said in an SBS radio interview, "A considerable public deliberation process has taken place on the five key tasks of the Special Committee on Judicial Reform. (So) we believe it can be sufficiently handled during this regular session." She acknowledged internal differences at the National Representatives' Meeting of Judges and the National Court Administration, but argued that support is the mainstream view.
Baek said, "(The increase in Supreme Court justices) has gone through the (public deliberation) process. The National Representatives' Meeting of Judges said further discussion is needed on the timing and scale of the increase, but basically supports it," adding, "The National Court Administration has a reserved stance, but there are very many front-line judges who support it."
Earlier, on the 20th, the Democratic Party confirmed the following as the "six key agendas for judicial reform": ▲ increase in Supreme Court justices ▲ expanding diversity on the Supreme Court Justice Recommendation Committee ▲ improving the judge evaluation system ▲ expanding disclosure of lower court rulings ▲ introducing a pre-examination system for search-and-seizure warrants ▲ introducing appeals on rulings.
Among them, the "increase in Supreme Court justices" would raise the number from the current 14 to 26, adding 12 in total by appointing four each year over three years starting one year after the law is promulgated. The 26-justice system would be completed in 2029. Accordingly, President Lee Jae-myung is expected to appoint 22 of the 26 justices.
Contrary to the Democratic Party's claim that there is sufficient consensus, many in the legal community and civil society worry that "the deliberation process is lacking." In a media interview on the 22nd, former acting president of the Constitutional Court Moon Hyung-bae said, "The branch that will implement and operate judicial reform is the judiciary," adding, "Rapidly increasing the number of Supreme Court justices without feedback from compromise, evaluation, and implementation risks harming the judiciary's independence and trust in the system."
Such views were raised multiple times during the National Assembly Legislation and Judiciary Committee's audit. Presidents of various courts, including Seoul High Court President Kim Dae-woong, said at the session that "there is a consensus on the increase plan itself," but added, "we should approach the number and timing of the increase prudently through public deliberation." The civic group Citizens' Coalition for Economic Justice also issued a statement on the 21st saying, "If a large number of appointments are concentrated in a short period, it will be difficult to avoid political suspicions about the judiciary's independence and neutrality, regardless of intent."
Criticism within the party is also significant. Procedural fairness is cited first. When the then-ruling Grand National Party (now the People Power Party) pushed to increase Supreme Court justices in 2010, both the then-opposition Democratic Party and the judiciary took part in the National Assembly's Special Committee on Judicial System Reform. In contrast, the opposition has been effectively excluded from the process this time.
A public hearing (on the 19th) and a public listening session (on the 27th) hosted by the Democratic Party's special committee in August also ended up being formalities. At the events, special committee Commissioners read a resolution pledging to complete judicial reform, and eight public representatives presented the need to push the five key tasks. Critics said the events were more about securing the pretense of "public deliberation" than actually gathering opinions.
A Democratic Party lawmaker from the legal community said, "In reality, sharply increasing the number of Supreme Court justices is a heavy lift. We should approach it prudently," but added, "If you oppose the judicial reform drive, you could be marked by the hard-core base, so there is a climate where people cannot speak out openly." Many lawmakers worry about a one-sided speed drive, but said it is difficult to raise issues publicly because the leadership is gathering opinions mainly from the hard-core base.
The judiciary also faces a situation where it is difficult to speak out. The head of the courts is under open pressure from the ruling bloc to resign immediately. On the 21st, Chief Justice Cho Hee-dae said about the Democratic Party's judicial reform plan, "We will ensure the judiciary can fully express its views during the public deliberation process." The next day, Democratic Party leader Jung Chung-rae said, "Hasn't it been said that there are too few Supreme Court justices? That is why we are trying to increase the number, so what is the problem?" He also said Chief Justice Cho should step down voluntarily, saying "restoring trust in the judiciary" must come first.