President Lee Jae-myung on the 5th reviewed and approved at an extraordinary Cabinet meeting the "three judicial bills" (distortion of law crime, retrial petition to the Constitutional Court, and increase in Supreme Court justices) that the Democratic Party of Korea pushed through last week. Although the opposition, the legal community, academia, and civic groups requested the exercise of the right to request reconsideration (veto), calling it "bulletproof legislation" to resolve Lee's trial risk, Lee did not use the veto and convened an extraordinary Cabinet meeting to pass them.
The "three judicial bills" are: ▲ the "bill to increase Supreme Court justices," which would expand the number of Supreme Court justices, currently 14 including the chief justice, to 26; ▲ the "retrial petition bill," which would allow filing a trial petition with the Constitutional Court against a finalized Supreme Court ruling; and ▲ the "new distortion of law crime bill," which would allow punishing judges and prosecutors for allegedly distorting legal principles. These are the bills the Democratic Party promoted under the banner of "judicial reform" when the Supreme Court in May last year remanded with a guilty purport Lee's election law violation case.
Various sectors expressed concern over "undermining the foundations of the judicial system" and requested the president exercise a veto, but Lee placed the three judicial bills on the agenda and approved them as is that day. A Cheong Wa Dae official said there had been no particular review of exercising a veto even ahead of the meeting.
The distortion of law crime bill itself drew criticism even within the ruling camp because the applicable provisions are vague. The bill states that "in criminal cases, if the law is distorted in its application, the offender shall be punished by imprisonment for not more than 10 years or disqualification." Kwak Sang-eon, a Democratic Party lawmaker and the son-in-law of the late former President Roh Moo-hyun, cast a dissenting vote against the bill at the plenary session last month, saying it "undermines the constitutional order," and also requested the president exercise a veto on social media.
If the number of Supreme Court justices is increased, Lee would appoint 22 justices during the term. The opposition views this as highly suggestive of an "attempt to seize control of the judiciary." The legal community warns that if the number of justices rises, more judges assisting their work will be drawn to the Supreme Court, delaying trials in lower courts. That could infringe on ordinary citizens' right to a trial. The retrial petition bill would effectively create a four-instance system, and criticism has been raised that it is unconstitutional because it conflicts with the final adjudication power the Constitution grants to the courts.