Special Insurrection Court Bill Submitted to Plenary Session... "Complete Block on Cho Hee-dae's Involvement"

Judicial Nomination Committee Replaced by Deliberations at Each Court
Ruling Party: "Original Bill Fails to Exclude Cho Hee-dae"
At Least Two Panels to Be Established at Seoul Central and High Courts
Ruling Party: "Efforts Made to Uphold Random Assignment Principle"

The revised bill to establish a special court panel dedicated to insurrection cases, which prevents Supreme Court Chief Justice Cho Hee-dae from being involved in the composition of the bench, was adopted as the official party line of the Democratic Party of Korea on December 22 and submitted to the plenary session of the National Assembly.

Park Soo-hyun, chief spokesperson for the Democratic Party, met with reporters outside the main conference room during a general assembly of lawmakers held at the main building of the National Assembly in Yeouido, Seoul, on December 22, and said, "We have completed the process of approving the party line for the special court panel bill and have officially adopted it as the party's position."

The revision removes the judicial nomination committee that was included in the original bill. Instead, the process now involves the Seoul Central District Court and Seoul High Court judges' meetings, followed by case allocation by each court's case assignment committee, a resolution by the judges' meeting, and appointment of judges by each court president. This change eliminates the possibility for Chief Justice Cho Hee-dae to intervene, replacing the previous system where the nomination committee's recommendations were finalized by Chief Justice Cho and the Supreme Court justices' meeting.

The original bill called for a nine-member nomination committee, with three members each recommended by the Minister of Justice, the Secretary General of the Constitutional Court, and judges. However, due to concerns about potential infringement on judicial independence and unconstitutionality, the roles of the Minister of Justice and the Secretary General of the Constitutional Court were removed. Instead, the judges' meeting and the National Judges' Representatives' Meeting would form the nomination committee, and the list recommended by this committee would be appointed by Chief Justice Cho Hee-dae through the Supreme Court justices' meeting. This approach had already been revised once before.

Jeong Cheongrae, leader of the Democratic Party of Korea, and Kim Byunggi, floor leader, are attending the Supreme Council meeting held at the National Assembly on December 22, 2025. Photo by Kim Hyunmin

Nevertheless, as concerns persisted regarding constitutionality and the influence of Chief Justice Cho Hee-dae, the process was further revised to utilize the existing judges' meetings and case assignment committees.

Democratic Party lawmaker Kwak Sang-eon wrote on his social media account the previous day, "The Yoon Suk-yeol case is an insurrection case that most blatantly violates the Constitution," and argued, "For such cases, laws with potential unconstitutionality should not be applied, and we must respond in the most constitutional manner possible."

Chief Spokesperson Park explained, "Amid widespread public distrust toward Supreme Court Chief Justice Cho Hee-dae, there have been criticisms that the original bill did not thoroughly exclude Chief Justice Cho from the judge nomination process," adding, "Accordingly, the final version of the bill was drafted to completely eliminate any involvement by Chief Justice Cho."

Article 108 of the Constitution stipulates that the Supreme Court may establish rules on litigation procedures, internal regulations, and administrative matters within the scope not inconsistent with the law. The intention is also to create a new law that can mandate Supreme Court rules.

On the other hand, some have pointed out that the principle of random assignment, which is fundamental to ensuring the fairness of trials, may no longer be upheld. However, Chief Spokesperson Park responded, "I understand that efforts have been made to ensure that the principle of random assignment is maintained in the revised bill." According to the bill to establish the special insurrection court panel, at least two panels will be established at both the Seoul Central District Court and the Seoul High Court, which is deemed sufficient to meet the requirements for random assignment.