Kwak Sang-eon: "Special Court for Insurrection Needed, But Must Match Supreme Court Regulations at Minimum"

"Potential for Unconstitutionality"

Kwak Sang-eon, a member of the Democratic Party of Korea, stated that while it is necessary to process the bill to establish a special court for insurrection cases, which is being promoted by the ruling bloc, "it must at least be passed with the same content as the Supreme Court's regulations."

Kwak Sang-eon, Member of the Democratic Party of Korea. The Asia Business Daily DB

On Facebook that day, Assemblyman Kwak said, "The core of the bill to establish a special court for insurrection cases is that the court panel is formed through internal recommendations within the judiciary, but this constitutes 'arbitrariness in court formation' (possibility of artificial intervention) and could be considered unconstitutional."

He added, "If the 'court panel regulations' announced by the Supreme Court also fail to block the possibility of artificial intervention by the Chief Justice, they too could be considered unconstitutional," emphasizing, "The key is to examine the criteria for determining unconstitutionality and see if it is possible to create a law that is better than the Supreme Court's regulations."

He further stated, "Under the constitutional system, the authority to determine unconstitutionality lies primarily with the courts and ultimately with the Constitutional Court," expressing concern, "I cannot help but worry about the situation in which the Democratic Party's bill to establish a special court for insurrection cases, which is subject to constitutional challenges, passes and what may happen afterward."

However, he also said, "Legislation is still necessary," pointing out, "As the leadership has appropriately noted, the Supreme Court's regulations can be changed or abolished at the discretion of the Chief Justice. In such cases, there is a risk that the constitutional resolution of an insurrection situation may be called into question or delayed."

He reiterated, "There is a practical justification and need to prevent this," and stressed, "If possible, a bill to establish a special court for insurrection cases should be prepared and passed with constitutional content that is better than the Supreme Court's regulations and does not contain the key features that have been pointed out as unconstitutional."

The bill to establish a special court for insurrection cases stipulates the creation of a court panel dedicated solely to cases related to the 12·3 Martial Law, with appointments of judges involving the Constitutional Court and the Ministry of Justice. Legal professional groups have expressed concerns about potential trial delays and violations of the separation of powers, arguing that improvements to the bill are necessary.