"Violation of the Spirit of Separation of Powers"... Judiciary in Uproar over Ruling Party's 'Supremacy of Elected Power' Theory

Criticism Grows Among Judges
"The Current System Is Designed to Ensure Independence"
Concerns Raised Over Fair Trials

The controversy over the "supremacy of elected power" has intensified within and outside the judiciary, as the Presidential Office has joined the Democratic Party of Korea in advocating this view. The interpretation that the unelected judiciary is "subordinate" to the elected legislative and executive branches has sparked criticism that this stance directly contradicts the constitutional principle of the separation of powers.

Seoul Seocho-gu Court Building. 2025.07.09 Photo by Joint Press Corps

On September 16, a senior judge at a district court in the Seoul metropolitan area sharply criticized, "The government and the ruling party are putting forward ideas that are constitutionally unsound. If legislation is considered superior simply because it is elected, then the judicial process cannot function." Another judge in the metropolitan area stated, "If the majority can arbitrarily control the judiciary, there is no reason for the judiciary to exist. Judicial independence must be protected by both those in power and the public, but we are moving in the opposite direction." A sitting judge who requested anonymity also remarked, "As pressure on the judiciary continues, concerns are being raised even within the institution."

A lawyer who previously served as a senior judge commented, "Attempting to revive a theory discarded in 17th-century America in the 21st century is a step toward dictatorship. We must abandon the illusion of the supremacy of elected power and respect the constitutional principle of separation of powers." Another lawyer, also a former judge, emphasized, "If judges are elected, they will be swayed by partisan interests, leading to even greater corruption. The current system is designed to guarantee independence, not to place the judiciary under the National Assembly."

Cha Jina, a professor at Korea University Law School, pointed out, "The reason judges are not elected is to ensure fairness and expertise. If the judiciary becomes a miniature version of the National Assembly, fair trials will be impossible. Ultimately, the people are the true holders of power, and ignoring the constitution that reflects their will is a serious problem."