The National Assembly's Legislation and Judiciary Committee's first subcommittee on bill review decided on the 19th to continue deliberations on a bill to revise the Constitutional Court Act centered on a "trial petition system" that would include Supreme Court rulings as grounds for constitutional complaints. Although Democratic Party of Korea leader Jung Chung-rae said, "We should move like lightning after the budget session," it appears the pace is being adjusted in consideration of President Lee Jae-myung's overseas tour schedule.
The committee convened its first subcommittee in the morning and reviewed 12 items, including a bill to revise the Criminal Act and a bill to revise the Constitutional Court Act. Among them, the bill to revise the Constitutional Court Act, introduced on the 4th by Democratic Party of Korea lawmaker Kim Yong-min as the lead sponsor, was designated for "continued review" for further discussion.
Kim Yong-min's bill consolidates and organizes a trial petition system bill led on the 20th of last month by Democratic Party of Korea lawmaker Kim Ki-pyo and a bill introduced in May by Democratic Party of Korea lawmaker Park Beom-kye to extend the retirement age of constitutional researchers.
The trial petition system would allow Supreme Court trials to be the subject of constitutional complaints, and criticism that it would effectively create a "fourth instance" has been steadily raised. Taking into account public sentiment and other factors, the Democratic Party of Korea had been cautious until mid-last month about whether to include the trial petition system in its judicial reform plan. However, with party leader Jung Chung-rae; floor leader Kim Byung-kee; Supreme Council members Jeon Hyun-hee, Kim Byung-joo, Han Jun-ho, Seo Sam-seok, Hwang Myung-sun, and Lee Un-ju; and policy chief Han Jeong-ae joining as co-sponsors of Kim Ki-pyo's bill, it effectively became the party line. In addition, as Kim Yong-min, the ruling party member on the committee, introduced related legislation, the trial petition system has taken its place as a key task in the Democratic Party of Korea's judicial reform package.
The Democratic Party of Korea has also set a goal of handling its judicial reform plan, including the trial petition system, within the year. At a general meeting on the 13th, leader Jung said, "Once the budget session ends (Dec. 3), we should drive judicial reform—such as increasing the number of Supreme Court justices, the crime of legal distortion, and the trial petition system—like a storm and wrap it up like lightning." Accordingly, there was talk that the party might force through a unilateral vote at the subcommittee that day, but it set a course for further discussion.
Behind the Democratic Party of Korea taking a breather on the "trial petition bill" appears to be not only pushback from the opposition and the legal community but also consideration of President Lee's Middle East and Africa tour schedule. The party leadership is refraining from hardline messages on contentious issues such as prosecution and judicial reform during the president's trip this week. Regarding the "dropping the Daejang-dong appeal" controversy, the party had planned to submit a request for a parliamentary investigation on its own this week, focusing on prosecutorial fabrication indictments and acts of insubordination, but it is currently continuing consultations with the opposition.