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National Judges Collective Opposition: "Special Court for Insurrection Cases Unconstitutional," Democratic Party Also Slows Push (Comprehensive)

"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' Job Security and Public Trust"
Democratic Party Plans to Push Forward in Plenary Session on the 9th
"Decision Deferred to Next General Assembly" as Pace Slows

National Judges Collective Opposition: "Special Court for Insurrection Cases Unconstitutional," Democratic Party Also Slows Push (Comprehensive) 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 clearly expressed their opposition to the Democratic Party's push for the establishment of a special court for insurrection cases and the introduction of the crime of judicial distortion, citing concerns about potential unconstitutionality and infringement on judicial independence. The Democratic Party, which had been pushing to bring the bill on the special court for insurrection cases to a plenary session on the 9th, also stepped back, stating, "We will hold another general assembly of lawmakers to discuss the matter."


The National Judges' Representative Meeting is a gathering of representative judges elected from courts at various levels. They convene to express opinions or make recommendations regarding judicial administration and the independence of judges.


The National Judges' Representative Meeting held a regular session at 10 a.m. on the 8th at the Judicial Research and Training Institute in Ilsan, Goyang-si, Gyeonggi Province, and consolidated its position on the Democratic Party's judicial system reform. As a result of the meeting, the judges stated, "Improvements to the judicial system should be made in a way that enhances the protection of citizens' rights and increases public trust in trials," adding, "The expectations and demands of the public toward the judiciary, as well as the opinions of the judges responsible for trials, should be fully reflected in the discussions."


Regarding the special court for insurrection cases, they said, "We recognize the significance of trials related to martial law and the public's deep interest and concern about them." However, they made it clear that they oppose the current bill to establish a special court for martial law cases and the proposed amendment to the Criminal Act introducing the crime of judicial distortion, stating, "There is considerable controversy over their constitutionality and serious concerns about the infringement of judicial independence. Therefore, we urge careful deliberation on these matters."


On 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 security of judges' positions, and ultimately public trust in the judiciary," adding, "Therefore, such changes should not be hastily pursued based on short-term discussions or public opinion." They emphasized, "Any changes to the personnel and evaluation system for judges must go through sufficient research and broad discussion, comprehensively considering not only the opinions of judges but also the expectations and concerns of the public in a balanced manner."

National Judges Collective Opposition: "Special Court for Insurrection Cases Unconstitutional," Democratic Party Also Slows Push (Comprehensive) Yonhap News Agency

Meanwhile, on the same day, the Democratic Party also held a general assembly of lawmakers to discuss its judicial reform bills, including the 'Special Court for Insurrection Cases Act' and the bill introducing the crime of judicial distortion, but did not reach a conclusion on whether to pass them in the plenary session on the 9th. The Democratic Party decided to gather more opinions and reach a conclusion at the next general assembly of lawmakers.


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