Why Has the Democratic Party Declared War on the Judiciary? [Political Insight]

Yoon’s Release and Lee’s Case Remanded by Supreme Court
Democratic Party’s Distrust of Judiciary Grows This Year
Mounting Pressure to Exclude Judge Ji Guyon

The Democratic Party of Korea has escalated its offensive, even raising the possibility of Chief Justice Cho Heedae's resignation, a move closely tied to its distrust of Judge Ji Guyoun's panel, which is handling trials related to former President Yoon Sukyeol. The party's decision to take a hardline stance, despite the political burden of confronting the judiciary, suggests a calculated "Seongdonggyeokseo" strategy is at play.

Choo Mi-ae, a Democratic Party member and chair of the National Assembly's Legislation and Judiciary Committee, stated on social media on September 16, "Yoon Sukyeol, a traitor, and Cho Heedae, who shields him, are colluding to disrupt the rebellion trial," adding, "Chief Justice Cho should step down." Democratic Party leader Jung Cheongrae also commented at the previous day's supreme council meeting, "Isn't it Chief Justice Cho himself who has violated judicial independence and the court's political neutrality? I believe resignation is the right course of action." It is highly unusual for both the chair of the National Assembly's judiciary committee, which oversees the Supreme Court, and the leader of the ruling party to openly call for the chief justice's resignation.

The ruling party's distrust of the judiciary has grown even more pronounced this year. On March 7, Judge Ji Guyoun's panel decided to cancel the detention of former President Yoon, and on May 1, the Supreme Court's Grand Bench overturned and remanded President Lee Jaemyung's (then Democratic Party leader) Public Official Election Act trial just nine days after it was referred to the full bench. These incidents are seen as turning points.

Yonhap News Agency

The Democratic Party's dissatisfaction with Chief Justice Cho is not new, but recent concerns have been fueled by deep-seated anxieties over the rebellion trial. Within the Democratic Party, there is a prevailing view that removing Judge Ji from the rebellion trial should be the priority.

Park Hongkeun, a Democratic Party lawmaker, wrote on social media, "Unless the court demonstrates its willingness to properly conduct the rebellion trial, such as by excluding Judge Ji, discussions about a dedicated rebellion trial panel cannot be stopped." Park Sanghyuk, the Democratic Party's deputy floor spokesperson, said on a radio program that if the court replaces Judge Ji, there would be no need for Chief Justice Cho's resignation or for establishing a dedicated rebellion trial panel, stating, "First and foremost, the judiciary should take self-corrective action to ease public concerns."

The Democratic Party's confrontational stance toward the judiciary has sparked a range of opinions within and outside the legal community. Moon Jaewan, a professor at Hankuk University of Foreign Studies Law School, criticized it as "a political act that undermines the independence of the judiciary." He particularly objected to arguments suggesting a hierarchy within the separation of powers, with the legislature as the elected authority, calling such claims "political pressure on other branches, which is undesirable." On the other hand, Han Sanghee, a professor at Konkuk University Law School, stated, "The Democratic Party's actions can be seen as legitimate checks on the judiciary within the political process." However, Professor Han also noted that politicians expressing such opinions "must be prepared to bear the political consequences."

The People Power Party held an emergency general assembly of lawmakers that morning, holding placards with slogans such as "Collapse of the Judiciary, Birth of Dictatorship" and chanting, "Let's defend democracy." Song Eonseok, the People Power Party's floor leader, said, "After seizing control of the legislature and executive branch, they have now opened the door to one-party dictatorship by taking over the judiciary."

Meanwhile, Woo Sangho, Senior Presidential Secretary for Political Affairs, stated at an unscheduled press briefing that day, "The presidential office has not reviewed the matter of Chief Justice Cho's position, nor has it established a stance on the issue," adding, "I want to make it clear that there is no intention to comment on his tenure."