The Supreme Court's Administrative Office reportedly said on the 1st that the 'special tribunal for insurrection' promoted by the Democratic Party of Korea poses a risk of infringing on the independence of the judiciary.
Representative Park Chan-dae of the Democratic Party of Korea proposed a special law for insurrection in July. The core of the proposal is that a special tribunal, established at the Seoul Central District Court and Seoul High Court, will handle the first and second trials for insurrection cases. It is stated that the special tribunal will consist of a total of nine members, with three members each recommended by the National Assembly (excluding the People Power Party), the court judges' council, and the Korean Bar Association.
In this regard, the Administrative Office of the Court submitted an opinion on the 'review of the special bill regarding the follow-up measures of the 12.3 state of emergency and protection of informants' to the National Assembly on the 29th of last month.
Here, the Administrative Office of the Court stated, 'There are concerns about the infringement on the independence of judicial authority, loss of trust in the independence and fairness of trials due to the randomness of case assignment, and the risk of infringing on the right to receive a trial by judges as stipulated in the Constitution and laws.'
It also noted, 'If the National Assembly or the Korean Bar Association intervenes in the composition of special warrant judges or special tribunals responsible for specific cases, thereby influencing the allocation of individual case duties and case assignments, this in itself infringes on the independence of judicial authority.'
Additionally, it stated, 'If the judges responsible for specific cases are arbitrarily or retroactively appointed, the trust in the independence and fairness of the trials may decrease, leading the public and parties involved to reject the trial outcomes.'