A petition for trial system will be introduced to allow people to challenge whether fundamental rights were violated before the Constitutional Court over court rulings, and a new provision will be established to punish acts of legal distortion by judges, prosecutors, and others. The number of Supreme Court justices will increase in stages from the current 14 to 26.
According to the government on the 11th, the Ministry of Justice plans to promulgate on the 12th via the electronic official gazette the so-called "three judicial reform bills" containing these measures. They are an amendment to the Constitutional Court Act to introduce the petition for trial, an amendment to the Criminal Act establishing the crime of legal distortion, and an amendment to the Court Organization Act to increase the number of Supreme Court justices.
Among them, the petition for trial and the crime of legal distortion take effect upon promulgation. The increase in Supreme Court justices takes effect two years after promulgation.
The petition for trial is a system in which a party who believes a finalized court ruling violated fundamental rights asks the Constitutional Court to review it. Until now, court trials themselves were in principle excluded from constitutional complaints, but going forward, in certain cases they will fall within the Constitutional Court's jurisdiction.
The scope is not limited to Supreme Court rulings. Any finalized judgment among first instance, second instance, or third instance trials for which no further appeals are available can be subject to a petition for trial. Grounds for filing include cases where a court, contrary to the purport of a Constitutional Court decision, conducted a trial and violated fundamental rights; where fundamental rights were violated by failing to follow procedures set by the Constitution and laws; and where a trial clearly violates the Constitution or laws and the infringement of fundamental rights is evident.
A petition must be filed within 30 days from the date the judgment is finalized. If the Constitutional Court accepts the petition for trial and cancels the prior trial, the effect of that trial is retroactively nullified. The court will then retry the case in line with the Constitutional Court's decision. However, filing a petition for trial does not automatically stay the effect of the original judgment.
The crime of legal distortion newly established by the amendment to the Criminal Act is a provision that punishes a judge or prosecutor involved in criminal trials, or a person performing criminal investigation duties, who distorts the law with the intent to grant unlawful or undue benefit to another or to harm another's rights and interests. The statutory penalty is imprisonment for up to 10 years or disqualification for up to 10 years.
The increase in Supreme Court justices is also being pursued. The current 14 justices will increase by four each year for three years starting two years after promulgation, reaching 26 in total. The additions are scheduled to proceed sequentially from 2028 to 2030.
The government reviewed and approved these bills at a Cabinet meeting on the 5th. If publication in the electronic official gazette proceeds as planned, changes will begin in the judicial system that has been maintained since the 1987 constitutional amendment.