Judges nationwide urged cautious debate, saying there are significant concerns that the proposed bills to establish a special court division dedicated to insurrection cases and to create a new offense of legal distortion could be unconstitutional and threaten judicial independence.
The National Judges Representative Conference, a council of representatives of judges nationwide, said it held a regular meeting at the Judicial Research and Training Institute in Goyang, Gyeonggi, starting around 10 a.m. on the 8th and adopted this position.
At the regular meeting, an agenda item to state a position on the establishment of an insurrection-only court division and the introduction of the legal distortion offense was introduced on the floor. The agenda item, which cited unconstitutionality and infringement of judicial independence, passed with a majority of judges present in favor.
However, some said, "Given that the bill discussions stem from distrust of the judiciary, expressing an opinion focused only on unconstitutionality will not persuade the public and should be reviewed carefully." There was also a view that "it is necessary to express opposition to the establishment of an insurrection-only court division itself."
On judicial system reform, the judges' conference said it "should be carried out in a way that enhances the protection of citizens' rights and strengthens public confidence in trials," adding that "the public's expectations and demands for the judiciary, and the views of judges who preside over trials, must be fully reflected in the discussions."
On reforming the appeals system, it said it "should be pursued in a way that, after sufficient consensus and empirical discussion, does not weaken trials on the merits," and that "measures to strengthen trials on the merits should be discussed in tandem."
On the composition of the Supreme Court justices, it said, "To ensure democratic legitimacy, institutional reform is needed to increase the diversity of the Supreme Court Justice Candidate Recommendation Committee and the transparency of its procedures, and to strengthen its vetting function."
On changes to the judicial personnel and evaluation system, it said, "After sufficient research and broad discussion, a procedure is essential that comprehensively reviews matters by balancing not only judges' opinions but also the public's expectations and concerns."
The National Judges Representative Conference is a council of representative judges elected from courts at all levels that expresses opinions or makes recommendations on judicial administration and judicial independence. At this regular meeting, 108 of 126 representatives from courts nationwide attended online and offline.
Chair Kim Ye-yeong (chief judge at the Seoul Southern District Court) said in opening remarks, "Several important bills on the judicial system are currently under discussion in the National Assembly, and their impact on the public is significant," adding, "I believe it is also our duty for judges to explain in detail to the public the views that come from our expertise in trials and practical experience."
The bills to establish an insurrection-only court division and to create a new offense of legal distortion passed The National Assembly's Legislation and Judiciary Committee on the 3rd, led by the Democratic Party of Korea.