The Korean Bar Association said it is expressing concern over the Democratic Party of Korea's push to establish a special court dedicated to insurrection cases and to create a new offense of legal distortion, citing the constitutional principles of separation of powers and judicial independence.
In a statement released on Jan. 8, the association urged careful and sufficient deliberation on the bills and stated accordingly.
The association said, "Judicial independence is the last bastion that guarantees people can receive fair trials free from political influence," adding, "It must not be impaired for any reason."
It continued, "While it is natural for the legislature to hold the authority to enact and amend laws related to the judiciary, the exercise of that authority must be premised on the independence of each state institution," adding, "It must conform to the essence of legislation as a general and abstract norm."
The association said, "Legislation that has a specific case or specific group in mind carries a high risk of violating the principle of equality before the law, which is a core requirement of the rule of law."
It also said, "If, depending on a specific time and specific issue, the legislature repeatedly enacts laws that affect the composition of trial panels or the performance of duties by judges and prosecutors, this can raise questions about the constitutional limits of legislative power," adding, "It will also be difficult for the public to empathize with the purity of the legislative intent."
Regarding an insurrection court, the association opposed it, saying, "The Constitution guarantees case assignment and the composition of trial panels as inherent powers of the judiciary." On the offense of legal distortion, it opposed it on the grounds that "the establishment of a criminal penalty provision that could chill judges' independent performance of duties must be subject to strict constitutional standards."
The bill to establish a dedicated insurrection court would create a special court to handle insurrection cases related to the Dec. 3 martial law, in which former President Yoon Suk-yeol and others are implicated. The offense of legal distortion would allow punishment when a judge or prosecutor intentionally distorts legal principles or fabricates facts in cases under trial or currently investigating.
Bills to establish a dedicated insurrection court and to create the offense of legal distortion passed The National Assembly's Legislation and Judiciary Committee on Jan. 3, led by the Democratic Party of Korea.