Supreme Court Justices to Increase Gradually from 14 to 26 by 2028
Imprisonment of up to 10 years for judges and prosecutors distorting laws, punishing intentional distortion of trials and investigations
Constitutional complaints to include Supreme Court rulings, effectively introducing a ‘four-tier court system’
On the 26th-28th of last month, the so-called “three judicial reform laws” promoted by the Democratic Party, which include the laws on increasing the number of Supreme Court justices, introducing a system for constitutional complaints against court rulings, and establishing a crime for distorting the law, all passed the plenary session of the National Assembly, completing the legislative process. The opposition strongly opposed these as bills that fundamentally shake the judicial system but could not block their passing.
With a clear difference in views between the ruling and opposition parties on judicial reform, legal and political debates over how these three recently passed bills will affect the independence of the judiciary and the structure of the separation of powers are expected to continue for some time.
According to the legal community on the 1st, the amendment to the Court Organization Act primarily focusing on increasing the number of Supreme Court justices will raise the number from the current 14 to 26 by adding 4 each year over three years. This will take effect starting 2028, two years after the law is proclaimed.
Consequently, President Lee Jae-myung will be able to appoint 22 out of the total 26 Supreme Court justices during his term, including appointing successors for existing justices who retire during this time.
The law on distorting the law, processed by the Democratic Party on the 26th of last month (an amendment to the Criminal Act), includes provisions for punishing judges and prosecutors involved in criminal cases who distort the law with intent to grant unlawful or unjust benefits to others or infringe their rights, with imprisonment of up to 10 years and disqualification for up to 10 years.
This legislation defines “acts of law distortion” as cases where individuals knowingly apply conditions that do not meet legal requirements or intentionally not apply a law that should be applied, thereby affecting the outcome of trials or investigations. However, discretionary judgments made within a reasonable interpretation of the statutes are not subject to punishment.
Furthermore, the legislation includes as distortions acts such as destroying, concealing, forging, or falsifying evidence related to a case, or using evidence known to be forged or falsified, as well as unlawfully collecting evidence through means like violence, threats, or deceit, or acknowledging criminal facts knowing there is no valid evidence.
The law introducing a system for constitutional complaints against court rulings (an amendment to the Constitutional Court Act), passed on the 27th of last month, aims to include court rulings as subjects for constitutional complaint reviews. As a result, the Constitutional Court will be able to determine the constitutionality of Supreme Court rulings.
Dubbed the ‘four-tier court system,’ this system allows constitutional complaints to be filed within 30 days after a ruling is confirmed. The Constitutional Court may suspend the effect of the ruling concerned until its decision, based on its authority or at the request of the complainant. Complaints are dismissed if all judges of the designated chamber do not find valid reasons for filing the constitutional complaint.
The criteria for filing a constitutional complaint include cases where the ruling contradicts a Constitutional Court decision, procedural requirements set by the Constitution and statutes are not followed, or there is a clear violation of the Constitution and laws that infringe on fundamental rights.
The law on constitutional complaints becomes effective immediately upon proclamation this month.
The People Power Party has strongly opposed these laws, labeling them as “judicial destruction legislation designed to protect President Lee Jae-myung.” Representative Song Eon-seok stated that President Lee should exercise the right to request reconsideration to ensure adequate public debate and bipartisan agreement on the “three laws of judicial destruction” and formally proposed that the president exercise the right to veto.