A new set of judicial reform laws has been officially announced in South Korea, allowing for constitutional appeals of Supreme Court rulings, penalties for judges who deliberately distort legal principles, and an expansion of the top court. These reforms represent the most significant changes to the country’s judiciary system since a constitutional amendment back in 1987. The bills were passed by the National Assembly, led by the ruling Democratic Party, despite objections from the main opposition People Power Party and the judiciary, citing concerns about potential threats to judicial independence.
The laws related to constitutional appeals and penalties for “legal distortion” will be immediately enforceable, while the increase in the number of Supreme Court justices will be phased in starting from 2028. Individuals can now lodge constitutional complaints against finalized rulings if they are deemed to contravene Constitutional Court decisions, lack due process, or violate fundamental rights with clear constitutional breaches. Complaints must be submitted within 30 days of a final ruling.
Under the amended Constitutional Court Act, if a court ruling is found to violate the Constitution, the case must be re-examined. Despite criticism that these changes may conflict with the country’s three-instance trial structure, the Constitutional Court asserts that it is conducting constitutional reviews. The court has already received its first petition challenging a court’s decision to dismiss a deportation order cancellation request from a Syrian national, among other complaints.
Judges, prosecutors, or individuals involved in investigations can now face up to 10 years in prison for distorting legal principles with the intent to harm others under the offense of “legal distortion.” The ruling party believes this legislation will deter judicial or prosecutorial misconduct aimed at influencing case outcomes. However, the judiciary has expressed concerns that this new offense could lead to a fear-driven adherence to precedent and hinder the delivery of progressive rulings.
As part of the reforms, the number of Supreme Court justices will rise from 14 to 26 over a three-year period starting in March 2028. While this adjustment aims to tackle case backlogs at the top court, questions have been raised about the potential impact on internal deliberations within the expanded court. A closed-door meeting of court leaders from across the country is set to commence to discuss these reform measures, with Supreme Court Chief Justice Cho Hee-dae, who has criticized the reforms, expected to participate.
