Korean Bar Association Opposes Special Court for Insurrection Cases... "Legislation Influencing Specific Cases Lacks Purity"

Korean Bar Association: "Legislation Influenced by Specific Cases Violates the Rule of Law"
Opposition to the Introduction of Judicial Distortion Crime
"Threat to Judicial Independence, Ambiguous Legal Requirements"
"Legislation Drawing Political Conflicts into the Judiciary
Must Not Be Repeated"

Kim Jungwook, President of the Korean Bar Association, is being interviewed by The Asia Business Daily at the Bar Association office in Seocho-gu, Seoul. Photo by Jo Yongjun

The Korean Bar Association (President Kim Jungwook) has expressed its opposition to the "Special Court for Insurrection Cases Establishment Act" and the "Judicial Distortion Crime Bill," both currently under discussion in the National Assembly, stating that these proposals pose a significant risk of violating the principles of separation of powers and judicial independence.

On December 8, the association released a statement emphasizing, "The separation of legislative, judicial, and executive powers is the foundation of democratic constitutional order, and no state institution should arbitrarily interfere with the exclusive authority of another institution." The association further warned, "Legislation targeting specific cases or groups carries a high risk of violating the core principle of the rule of law, which is 'equality before the law.'"

The association particularly stressed that the composition of judicial panels and the assignment of cases are exclusive powers guaranteed to the judiciary by the Constitution. The association stated, "Once a political issue has reached the stage of judicial review, subsequent decisions must be left to the judiciary," and added, "If the legislature repeatedly enacts laws that, in response to specific times or issues, influence the composition of judicial panels or the work of judges and prosecutors, it may exceed the constitutional limits of legislative authority."

Regarding the introduction of new criminal penalties such as the judicial distortion crime, the association stated, "Any provision that could undermine the independent work of judges must meet strict constitutional standards, including clarity of legal requirements," and emphasized, "It is necessary to thoroughly review whether the bills currently under discussion meet these standards."

The association warned that if constitutional disputes become prolonged, requests for constitutional review or constitutional complaints could be filed, potentially resulting in significant delays in related trials. It also stated, "If similar legislation is repeatedly enacted with each change of administration, public trust in the judiciary may be undermined and the rule of law destabilized."

The association particularly emphasized, "Judicial independence is the last safeguard to ensure that the public receives fair trials free from political influence," and urged, "The National Assembly should respect the constitutional principle of separation of powers and conduct careful and thorough deliberations on these bills."