Jeon Hyunhee: "Is a Special Court Necessary If Disciplinary Action Is Taken Against the Ji Guyon Panel?"

Democratic Party Judiciary Members Push for Special Court on Insurrection
Jeon Hyunhee: "Not an Official Party Position... No Constitutional Issue"
Cheon Daeyeop: "Defendants Will Likely Claim Unconstitutional Measures"

Assemblywoman Jeon Hyunhee, chair of the Special Committee for Comprehensive Response to the Democratic Party of Korea’s Three Major Special Prosecutors (Insurrection, Kim Keonhee, and Private Chae Special Prosecutors), addressed Chief Judge Ji Guyon, who is presiding over the trial of former President Yoon Sukyeol, stating, "If measures such as transferring the case to another panel or disciplinary action through an internal audit are taken first, is there really a need to legislate for a special court for insurrection?" In an interview on CBS Radio's "Kim Hyunjung's News Show" on the 1st, Assemblywoman Jeon said, "There are doubts being raised about whether Judge Ji Guyon’s panel can conduct a fair trial," and added, "Wouldn’t it be appropriate for the court to take self-corrective action first?"

Hyunhee Jeon, member of the Democratic Party of Korea. Photo by Asia Economy Database

Assemblywoman Jeon stated, "The Ji Guyon panel, in an unprecedented move, released (canceled the detention of) Yoon Sukyeol, who is charged with leading an insurrection, by calculating time served," and added, "After that, Supreme Court Chief Justice Cho Heedae and other justices delivered a remand verdict with a guilty intent against President Lee Jaemyung." She continued, "In the case of the remand, there are suspicions that the justices made arbitrary decisions without thoroughly reviewing the records," and argued, "Regarding the warrant requests for the three major special prosecutors, many warrants were dismissed for reasons that are difficult to understand."

Regarding the proposed establishment of a special court for insurrection, which is being discussed within the Democratic Party, she explained, "This has not been discussed at the party leadership or as an official party position; only the Legislation and Judiciary Committee has expressed an intention to actively pursue it," and added, "The existing courts already have various panels, such as criminal and corruption panels. The idea is to create a special panel dedicated solely to trying insurrection cases."

However, she clarified, "This does not mean establishing a separate court. The Constitution states that 'the internal administrative organization of the courts can be stipulated by law.' Therefore, there is no constitutional issue," and added, "Regarding infringement on the judiciary’s authority, it is only natural to respect the court’s judgment, and it is proper to ensure the independence of the judiciary."

Cheon Daeyeop, Director of the Court Administration Office. Photo by Yonhap News

Previously, the Court Administration Office submitted its opinion to the National Assembly that the Democratic Party's proposed Insurrection Special Act, which centers on the establishment of a special court for insurrection, requires careful review due to concerns over infringement on judicial independence, diminished trust in the independence and fairness of trials, and the risk of politicizing the judiciary. On the 1st, Cheon Daeyeop, Director of the Court Administration Office, attended the plenary meeting of the National Assembly Special Committee on Budget and Accounts and, in response to a question from Chun Haram of the Reform Party about the establishment of a special court for insurrection, answered, "There is a possibility of infringing on the independence of the judiciary."

He stated, "Under the Constitution, judicial authority is vested in the judiciary, with the Supreme Court as the highest court, and citizens are guaranteed the right to trial by judges as prescribed by the Constitution and the law." He argued that if the National Assembly or other external bodies are involved in appointing judges to the special court, "there is a risk of undermining the independence of the judiciary and raising questions about the objectivity and fairness of trials."

He added, "(If trials are conducted in a special court for insurrection) defendants will likely claim 'unconstitutional measures,' and if the Constitutional Court finds it unconstitutional, there could be a grave situation where such historic trials are rendered invalid." He concluded, "From this perspective, I believe this matter requires very careful consideration."