"Special Court for Insurrection Cases and Judicial Distortion Crime Pose Significant Constitutional Risks"
"Potential Threat to Judicial Independence"
On Changes to the Personnel and Evaluation System for Judges
"Directly Linked to Judges'
On the 8th, Judge Kim Yeyeong and other judicial representatives attending the National Judges' Representative Meeting held at the Judicial Research and Training Institute in Ilsan, Goyang-si, Gyeonggi Province, are performing the national ceremony before the start of the meeting. 2025.12.08 Photo by Dongju Yoon
National representatives of judges have made it clear that they oppose the Democratic Party's proposed special court for insurrection cases and the new crime of judicial distortion, citing concerns about potential unconstitutionality and threats to judicial independence. On the 9th, the Democratic Party, which had been pushing to bring the bill on the special insurrection court to a plenary session, also stepped back, stating, "We will hold another general assembly to discuss the matter further."
The National Judges' Representative Meeting is a body composed of representative judges elected from courts at all levels. They gather to express opinions or make recommendations regarding judicial administration and the independence of judges.
On the morning of the 8th, the National Judges' Representative Meeting held a regular session at the Judicial Research and Training Institute in Ilsan, Goyang-si, Gyeonggi Province, and consolidated its stance on the Democratic Party's proposed judicial system reforms. As a result of the meeting, the judges emphasized, "Judicial system reforms should be carried out in a way that enhances the protection of citizens' rights and increases public trust in the judiciary." They further stated, "The expectations and demands of the public for the judiciary, as well as the opinions of the judges who preside over trials, should be sufficiently reflected in the discussions."
Regarding the special court for insurrection cases, they said, "We fully recognize the importance of trials related to martial law and the significant public interest and concern surrounding them." However, they made it clear that they oppose the current bills under discussion, which include the establishment of a special court for martial law cases and the introduction of the crime of judicial distortion into the Criminal Act. They explained that these proposals raise constitutional concerns and pose a significant threat to judicial independence, and therefore called for careful and thorough deliberation.
On the issue of changes to the personnel and evaluation system for judges, they stated, "Changes to the personnel and evaluation system for judges can have a significant impact on judicial independence, the job security of judges, and, ultimately, public trust in the judiciary." They expressed a negative view, saying, "Such changes should not be hastily pursued based on short-term discussions or shifts in public opinion." They further emphasized, "Any changes to the personnel and evaluation system for judges must undergo sufficient research and broad-based discussion, and the process must comprehensively consider not only the opinions of judges but also the expectations and concerns of the public."
Meanwhile, on the same day, the Democratic Party also held a general assembly to discuss its judicial reform bills, including the 'Special Court for Insurrection Cases Act' and the bill to introduce the crime of judicial distortion, but did not reach a conclusion on whether to pass them at the plenary session on the 9th. The Democratic Party decided to gather more opinions and make a final decision at the next general assembly.
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