The Democratic Party of Korea introduced a bill to amend the Court Organization Act to allow non-lawyers to be appointed as Supreme Court justices but withdrew it on the 26th. Along with this, the bill to increase the number of Supreme Court justices from the current 14, including the Chief Justice, to 100 was also withdrawn. However, the bill to increase the number of Supreme Court justices to 30 will be pursued as is.
The bills withdrawn by the Democratic Party on that day had been criticized as impractical legislation from the outset. In particular, the system of appointing non-lawyers as Supreme Court justices has been seen as problematic, as it is not even adopted in Venezuela, where government control of the judiciary has been an issue.
In response, a legal expert said, 'Even if a person with a specific political inclination becomes a Supreme Court justice, there must be institutional mechanisms in place to ensure adherence to legal constraints during trials.'
Another legal expert noted, 'After candidate Lee Jae-myung received a guilty verdict in the Supreme Court regarding election law violations, the Democratic Party pushed for the bills to appoint 'non-lawyer Supreme Court justices' and to increase the number of justices to 100,' adding, 'The legislative intention itself cannot be seen as pure.'
Another legal expert said, 'If the bill to increase the number of Supreme Court justices to 30 passes, a significant number of justices with specific political inclinations could be appointed,' questioning whether the Democratic Party is attempting to change the composition of the Supreme Court after candidate Lee received a guilty ruling in the election law violation case with a 10 to 2 opinion.
◇ Even Venezuela requires over 15 years of legal experience to become a Supreme Court justice
According to ChosunBiz's comprehensive reporting, Venezuela is cited as the most problematic case regarding the increase of Supreme Court justices among countries worldwide. It is assessed that Venezuela, under the leftist leader Hugo Chávez, who came to power in 1999, weakened the legislature through a referendum and subsequently seized control of the judiciary, which has led to the current economic crisis.
Chávez increased the number of Supreme Court justices from 20 to 32 in 2004. Pro-government figures were appointed as justices, leading to biased rulings in favor of the regime. After Chávez's death in 2013, Nicolás Maduro, who is viewed as his political successor, was elected. Although Maduro reduced the number of justices back to 20 in 2022, 12 of them are existing justices, with only 3 justices evaluated as opposition-inclined.
However, even Venezuela selects Supreme Court justices solely from those with legal experience. According to the Venezuelan constitution, to become a Supreme Court justice, one must hold at least a master's degree in law and have over 15 years of legal experience. Alternatively, one must have served as a law professor for over 15 years or be either an active judge or have previous experience as a judge for at least 15 years.
◇ Major developed countries like the U.S., U.K., Germany, and France also appoint lawyers as Supreme Court justices
Major developed countries appoint lawyers as Supreme Court justices. The U.S. Supreme Court consists of one Chief Justice and eight Associate Justices. The U.S. Constitution does not specify qualifications for Supreme Court justices, allowing the president to nominate anyone as a candidate. However, currently, all justices are from a legal background without political experience. A sitting judge stated, 'Although the qualifications for Supreme Court justices are not explicitly stated in law, it is naturally interpreted that they are to be selected from among legal professionals.'
The U.K. stipulates in the Constitutional Reform Act that justices must have 'at least 2 years of experience as a senior judge or at least 15 years of experience as a qualified lawyer.' Both Germany and France state that only those qualified to be judges can become Supreme Court justices. Canada requires candidates to have over 10 years of legal experience to qualify as a Supreme Court justice.
However, Japan allows for the appointment of three non-lawyers among the 15 members of its Supreme Court, which is equivalent to Korea's Supreme Court. Since 1970, two non-lawyer judges from the prosecution and one each from administrative officials (public servants), diplomats, and university professors have been appointed to these positions.
In response, a sitting judge stated, 'The decision to appoint non-lawyers to the Supreme Court in limited circumstances was based on the judgment that there is a need for experts who can assist in areas unfamiliar to current legal professionals, such as diplomacy.'