The Democratic Party of Korea "task force to overcome distrust in the judiciary and normalize judicial administration (TF)" on the 2nd unveiled its final reform plan centered on abolishing the National Court Administration and establishing the collegial body "Judicial Administration Committee (JAC)." The TF said it will introduce three bills related to the judicial administration reform plan (the Court Organization Act, the Attorney‑at‑Law Act, and the Judges' Disciplinary Act) on the 3rd and push to pass them at a National Assembly plenary session within the year.
According to the reform plan released by the TF, the JAC will be the "supreme body of judicial administration" that deliberates and decides on court organization, operations, personnel, discipline, and budgets, and will consist of 13 members, including one minister-level Chairperson and three standing members. The structure was finalized so that the Chairperson is appointed by the chief justice from among non-judge members upon recommendation by the National Judges' Representative Conference and after a National Assembly confirmation hearing.
The standing members were "two non-judges" in the draft, but were revised to "two non-judges and one judge," slightly increasing the share for judges. The composition of the members will also be formed mostly from internal judiciary recommendations, including one judge designated by the chief justice, one recommended by the president of the Constitutional Court, one judge recommended by the National Chiefs of Courts' Conference, and two judges recommended by the National Judges' Representative Conference (including at least one woman).
In addition, members recommended by the Minister of Justice and the president of the Korean Bar Association, two recommended by local bar associations (including at least one woman), members recommended by the Korean Association of Law Professors and the Law School Association, one recommended by the court employees' labor union, and one member with learning and virtue and ample knowledge and experience in human rights and issues concerning the socially vulnerable will participate as Commissioners.
This appears to be a measure that somewhat addresses concerns raised at the legislative hearing on the 25th that the Judicial Administration Committee could face constitutional issues if composed largely of outside appointees. Jeon Hyun-hee, the TF's general director and a lawmaker, emphasized, "There is no constitutional issue whatsoever with outside figures recommending candidates for internal court positions."
Regarding another task of judicial administration reform, eradicating preferential treatment for former judges, the plan includes extending the period during which retired Supreme Court justices are restricted from taking Supreme Court cases from the current three years to five years.
In addition, to "make judges' discipline substantive," the plan raises the maximum suspension period to up to two years. Given that, unlike ordinary civil servants, judges cannot be dismissed or removed, the suspension penalty was strengthened.
The judiciary's internal inspection function was also adjusted. The current "ethics auditor" will be changed to an "inspector general," with those from court backgrounds excluded, and it will be operated independently with a separate organization. The plan also includes establishing a judges' conference at each level of court composed of all judges affiliated with that court.
The TF added that it will also push for ▲ giving the National Judges' Representative Conference legal status as an institutional body ▲ making the chief of staff to the chief justice a non-judge ▲ abolishing the Judicial Policy Advisory Committee and the Judges' Personnel Committee ▲ and increasing the number of Commissioners on the Supreme Court Justice Candidate Recommendation Committee.
Unveiling the judicial reform plan, Jeon said, "The core of the plan is to disperse the imperial powers concentrated in the chief justice and strengthen the democratic procedures of judicial administration," and added, "We will do our best to ensure that the reform plan that will put a period on judicial reform passes within the year."