Chun Dae-yup, head of the National Court Administration, said that the Democratic Party of Korea's push to adopt the "appeal to constitutional review of judgments" as a party platform would inevitably turn the system into a "lawsuit hell."
Chun, the Minister, appeared for a comprehensive audit by the National Assembly's Legislation and Judiciary Committee held at the National Assembly in Yeouido, Seoul, on the 30th.
On the day, Rep. Song Seok-jun of the People Power Party asked Chun, the Minister, "Do you agree with the Lee Jae-myung administration's push to increase the number of Supreme Court justices, establish a special tribunal for insurrection, and allow appeals to constitutional review of judgments?" Chun responded, "No matter how you package it, an appeal to constitutional review of judgments presupposes a fourth trial," adding, "Because cases will increase, it could be a very good system for legal professionals."
Chun, the Minister, said, "However, all the burden will come back to ordinary people as litigation expense they cannot afford," adding, "Ordinary people will inevitably fall into a lawsuit hell." He continued, "We should pool our wisdom toward enabling ordinary people to increase access to justice at low cost."
If the appeal-to-judgment system is introduced, the Constitutional Court would be able to overturn final Supreme Court rulings. Under the current Constitutional Court Act, it is impossible to file a constitutional complaint against a court's judgment, but the Democratic Party of Korea is pushing a plan to make this possible.
Regarding the Democratic Party of Korea's push to introduce a "judicial distortion offense" that would punish judges when they distort the law and hand down wrongful rulings, Chun, the Minister, said, "(The court's) adjudication will expand infinitely into retrial after retrial, leading to endless complaints and accusations."
Chun, the Minister, said, "We fully share the National Assembly's effort to bring the judiciary a little closer to the people," adding, "Through a process of public discussion, we hope all judges, legal professionals, judicial officials, and National Assembly officials can gather and talk about what judicial system is truly advantageous to the people."
Regarding the Democratic Party of Korea's push to "establish a special tribunal for insurrection," Chun, the Minister, said, "If it presupposes the exclusion of a specific panel, it is a part where the politicization of the judiciary cannot be avoided," adding, "If a special tribunal for insurrection is established, a judiciary that all citizens can accept will not be possible going forward."
Chun, the Minister, also expressed opposition to calls to abolish the National Court Administration. He said, "The National Court Administration is truly necessary for the people," adding, "Through improvements to the National Court Administration's system, there are many areas where prompt relief of people's rights becomes possible." He continued, "If there were shortcomings, I would say that I fell short as the head of the National Court Administration," adding, "I hope you will review (the abolition plan) again."