Judicial Representatives "Adhere to Political Neutrality"... Will Not Respond to Judge Surveillance (Comprehensive)
[Asia Economy Reporter Seongpil Cho] The National Judges' Representatives Conference, composed of judge representatives from courts nationwide, recently formally placed on the agenda and discussed the controversial 'judge surveillance' allegations included as grounds for disciplinary action against Prosecutor General Yoon Seok-yeol. Considering the 'duty of political neutrality' and other factors, they decided not to issue a separate statement.
During the meeting held online from 10 a.m. on the 7th, judge representatives formally placed on the agenda and discussed the 'Proposal on Securing Judicial Independence and Fairness of Trials,' which was not initially proposed as an agenda item.
Regarding this, the Judges' Representatives Conference stated that "the 'Proposal on Securing Judicial Independence and Fairness of Trials,' initiated by the Jeju District Court judge representative, was formally placed on the agenda in accordance with internal regulations after receiving the consent of nine judge representatives."
However, the conference reported that after conducting a debate on the original proposal submitted by Judge Jang Chang-guk of Jeju District Court and several related amendments, followed by a vote held past 6 p.m., all proposals were rejected.
The Judges' Representatives Conference explained, "In the debate on the proposals, which were suggested due to concerns that recent issues such as the prosecution's collection of judge information and the ensuing political controversy might infringe upon judicial independence and trial fairness, judges who supported and opposed the proposals presented the following grounds."
Judges in favor argued that "the prosecution's entity collecting judge information (the Investigation Information Policy Office) is inappropriate, and that handling non-public materials collected through procedures unrelated to the trial process, such as the 'controversial judge list,' could infringe upon the independence of judges' status," according to the conference.
On the other hand, judges opposing the proposals stated that "since the trial at the Seoul Administrative Court is ongoing and may continue further, the National Judges' Representatives Conference should be cautious in making statements to protect the independence of the trial, and that any resolution by the conference could be politically exploited."
The conference added, "Regardless of the conclusion, judge representatives shared a common awareness that judges must adhere to the duty of political neutrality and that today's debate and conclusion should be guarded against political interpretation."
Thus, the Judges' Representatives Conference's stance on the judge surveillance allegations was settled as a cautious approach of not issuing an official response for the time being.
However, some judges expressed during the discussion that it was problematic that the Investigation Information Policy Officer of the Supreme Prosecutors' Office, rather than the trial prosecutor, collected the information and argued that an official response was necessary. They also pointed out suspicions that non-public materials collected during the investigation process, such as the 'controversial judge list,' were utilized, expressing concerns that this could infringe upon the independence of judges' status.
A document titled 'Analysis of Trial Panels for Major Special and Public Security Cases,' prepared by the Investigation Information Policy Office of the Supreme Prosecutors' Office in February, listed the high schools and universities of 37 judges handling cases, their major rulings, and public opinions, sparking controversy over surveillance. On the 24th of last month, Justice Minister Choo Mi-ae cited the judge surveillance allegations as one of the grounds for requesting disciplinary action against Prosecutor General Yoon Seok-yeol.
Although the 'judge surveillance allegations' were formally placed on the agenda, the failure to pass a resolution has led analysts to conclude that Yoon's side, which had been closely monitoring judges' responses, can now breathe a sigh of relief.
Conversely, Justice Minister Choo's side, which raised the allegations, found itself at a disadvantage in the public opinion battle as it failed to gain sympathy from the judges explicitly named as 'surveillance targets.'
Nonetheless, since voices advocating active responses to the raised allegations were publicly expressed within the Judges' Representatives Conference, it is assessed that the 'spark' of conflict remains latent.
If new facts emerge or additional allegations arise during future investigations or litigation, public opinion within the judiciary could deteriorate more rapidly.
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Meanwhile, the Judges' Representatives Conference also discussed the following proposals on the same day: ▲ urging the increase of career duration requirements for judicial appointments ▲ improving judge evaluations ▲ expanding single-judge trials in the first instance ▲ expanding the disclosure of judgments ▲ expanding the implementation of electronic criminal litigation ▲ improving the planned judge system ▲ improving the mediation committee system ▲ supporting judges participating in judicial administration.
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