DPK Reaches Tentative Agreement on Special Insurrection Court Bill: Appellate-Level Introduction and Internal Judicial Recommendations

A Compromise to Address Constitutional Concerns
Bill to Be Finalized and Passed This Month Following Party Approval

The Democratic Party of Korea has reached a tentative conclusion to remove the terms "12·3 Martial Law" and "Yoon Suk-yeol" from the bill establishing a special court for insurrection cases. Instead, the bill will stipulate that, starting from the appellate trial, multiple special courts for insurrection, recommended by a committee composed of judges, will be responsible for trials and warrant reviews. The Democratic Party explained that this compromise aims to eliminate as much of the constitutional controversy as possible.

Park Soo-hyun, Chief Spokesperson of the Democratic Party, told reporters after the members' meeting held at the National Assembly that "it has been decided to generalize the bill's title by removing references to specific incidents and renaming it as the 'Special Act on Special Courts for Insurrection and Treason.'"

The original official name of the bill was "Special Act on the Establishment of Special Courts and Protection of Whistleblowers for the 12·3 Yoon Suk-yeol Martial Law, etc."

The exclusion of references to specific past incidents and individuals from the title is intended to avoid criticism that the bill constitutes a discriminatory law and to circumvent accusations that it violates the constitutional principle prohibiting retroactive legislation. The intention is to generalize the bill's title to address these concerns.

Considering that the first trial for the insurrection case is currently underway, the assignment of cases to the special courts for insurrection will begin from the second trial (appellate level).

In the composition of those authorized to recommend members of the candidate recommendation committee for the special insurrection court, the Minister of Justice and the Secretary-General of the Constitutional Court will be excluded. This is to avoid concerns about undermining the independence of the judiciary, so the committee will be formed internally within the judiciary. Additional provisions have been added, such as the Chief Justice of the Supreme Court making appointments through the Supreme Court Justices' Council.

Jeong Cheongrae, leader of the Democratic Party of Korea, is moving after the members' meeting held at the National Assembly on the 16th. 2025.12.16 Photo by Kim Hyunmin

Kim Hyunjung, Floor Spokesperson, added, "The specifics regarding internal members have not been finalized, only the general direction has been set. The Judges' Council and the Court Council are just examples; the accurate description is that 'members will be composed of internal judicial personnel.'"

The bill also stipulates that multiple special courts will be established, with at least one dedicated to warrants, and that the warrant court will not handle the main trial.

Regarding the provision that the detention period for defendants charged with insurrection or treason will be set at one year-twice the six-month detention period specified in the Criminal Procedure Act-and the clause restricting pardons and restoration of rights, Chief Spokesperson Park stated, "It is not appropriate to discuss this today; we will address it in the final draft."

As including restrictions on pardons and restoration of rights for those convicted of insurrection or treason in the special law could limit the presidential pardon authority granted by the Constitution, the possibility of amending the Pardon Act to address this issue was also discussed at the members' meeting.

The Democratic Party plans to submit the bill to the plenary session after going through the party's official approval process following the decisions made at the members' meeting. Floor Spokesperson Kim stated, "The party approval process will be conducted at a members' meeting to be held on either the 21st or 22nd, before the plenary session."

The bill is expected to be processed between December 22 and 24. Chief Spokesperson Park said, "It is certain that it will be handled during the second filibuster period (December 22-24)."