Supreme Court Justice Lee Heung-gu on the 7th criticized the so-called "three judiciary bills" — introducing the crime of judicial distortion and a petition-for-trial system, and increasing the number of Supreme Court justices — saying, "The legislative process, in which the will of the courts was not properly reflected, is shocking and regrettable."
In a farewell address the same day, Justice Lee said, "The three judiciary bills will significantly change the long-standing trial system as well as the Supreme Court's status and structure."
He went on, "Among the three judiciary bills, the petition-for-trial system and the crime of judicial distortion will act as considerable restraints on the work of the courts and judges," adding, "Amid external circumstances, judges must press on by conducting their trials with unwavering resolve."
He also said, "Adding more Supreme Court justices will fundamentally change the Supreme Court's structure and functions, as well as the overall court system," adding, "We need to pool our wisdom to prepare for a new future."
Justice Lee said, "The biggest problem I have observed at the Supreme Court over six years is that justices and staff are trapped in a system overwhelmed by a flood of incoming cases." He said, "We must boldly break away from the current fact-finding supplementation function that consumes too much capacity and ensure that the high courts ultimately shoulder that role."
Justice Lee said, "The more political cases pour into the courts, the more important it is to speak consistently in the language and grammar of the courts, apart from the grammar of politics."
He continued, "The grammar of politics is generally characterized by the division and confrontation of camps such as progressives and conservatives, and the reinterpretation and simplification of facts according to camp interests," adding, "The language of an independent court is characterized by fair rules, coexistence and mutual respect, scientific analysis and inquiry into facts, consistent legal principles and thorough reasoning, and deliberation and discussion."
Justice Lee took office in September 2020 during the Moon Jae-in administration. He has been regarded as one of the few justices with a progressive leaning currently on the Supreme Court. While attending Seoul National University in 1985, he was implicated in the Democratic Promotion Committee (Minchuwi) case and was indicted on charges of violating the National Security Act, receiving a suspended prison sentence on appeal. Justice Lee is the first person to be appointed a judge after being indicted for violating the National Security Act.
In May last year, when the Supreme Court's full bench delivered its ruling in the final appeal of the case charging then Democratic Party of Korea presidential candidate Lee Jae-myung with violating the Public Official Election Act, Justice Lee, along with progressive-leaning Justice Oh Kyung-mi, issued a dissent opposing the remand for conviction.
Chief Justice Jo Hee-de recommended Kim Seong-su as Lee's successor, and the confirmation process is underway. With the seat of former Justice Roh Tae-ak still unfilled, the Supreme Court will for the time being operate with two vacancies among its justices. If the vacancies are not filled soon, disruptions in final-appeal trials will be unavoidable.