Seoul: A set of judicial reform laws were officially proclaimed Thursday, marking a significant transformation in the judiciary system by allowing constitutional appeals of Supreme Court rulings, punishing judges for intentionally distorting legal principles, and expanding the top court. The reforms represent the first major overhaul since a constitutional amendment in 1987.
According to Yonhap News Agency, the National Assembly, dominated by the ruling Democratic Party, passed the bills last month despite strong opposition from the main opposition People Power Party and the judiciary, which warned that the reforms could undermine judicial independence. The new laws on constitutional appeals and punishment for "legal distortion" are effective immediately, while the increase in the number of Supreme Court justices will be phased in starting 2028.
Under the amended Constitutional Court Act, individuals can now challenge finalized court rulings if they contradict Constitutional Court decisions, lack due process, or infringe on fundamental rights with clear constitutional violations, provided these complaints are filed within 30 days of the final ruling. If the Constitutional Court finds a ruling unconstitutional, the case must be reviewed anew. The legislation has faced criticism for potentially disrupting the country's established three-instance trial structure, but the Constitutional Court has assured it will conduct constitutional reviews.
The court reported receiving its first petition from a Syrian national contesting a court's dismissal of a deportation order cancellation request. Additionally, three other complaints were received, including one seeking state compensation for a delayed ruling related to a South Korean fisherman kidnapped by North Korea. A civic group submitted the complaint to assess whether the ruling violated the Constitution.
Concerning the offense of "legal distortion," judges, prosecutors, or those involved in legal investigations may face up to 10 years in prison for intentionally distorting legal principles to harm others. The ruling bloc argues that the legislation will deter judicial manipulation to influence case outcomes, whereas the judiciary contends it may discourage judges from making rulings that reflect current societal values due to fear of punishment.
The revised Court Organization Act will see the number of Supreme Court justices increase from 14 to 26, beginning in March 2028, to address case backlogs. However, concerns have been raised that an expanded court could hinder effective internal deliberation. A two-day closed-door meeting of court heads nationwide is scheduled to begin later Thursday to discuss these reform measures, with Supreme Court Chief Justice Cho Hee-dae, who has expressed concerns about potential public harm from the reforms, expected to attend.