The article discusses the unintended consequences that have emerged following the implementation of the “Three Laws of Judicial Reform” in South Korea. Ever since the Constitutional Court allowed individuals to challenge finalized criminal convictions, many convicts have rushed to file appeals. Notably, individuals like Jang Young-ha, who was involved in spreading false claims connecting President Lee Jae-myung with organized crime, and YouTuber “Goo Jeyok,” known for extorting money from another YouTuber, have expressed intent to challenge their convictions. This new judicial process could lead to a kind of “four-trial system,” which some see as problematic.
The Constitutional Court has seen a surge in appeals since this new process began, outnumbering other types of constitutional complaints. As a result, experts suggest the need for an efficient pre-screening system to manage these cases effectively. Some countries, like Germany and Taiwan, have similar systems in place where a dedicated panel or judges review appeals before they proceed.
The article also highlights concerns over a complex interplay between different investigative bodies in handling high-profile cases, particularly involving senior officials. For example, the case involving Chief Justice Cho Hee-dae has been reassigned to a major crimes unit and could potentially be taken over by the High-ranking Officials’ Crime Investigation Department, leading to a “ping-pong” effect between agencies.
To cope with the challenges posed by the reform, experts recommend pre-screening procedures and adequate staffing for the Constitutional Court. The implementation of such measures could streamline the process and prevent overwhelming case backlogs.