National Judges' Representative Meeting to Discuss 'Supreme Court Justice Increase and Nomination Proposal' on the 25th

Judicial System Subcommittee of the National Judges' Representative Meeting
First Mention of "Judiciary's Need for Self-Reflection"
Voices Opposing Rapid Increase in Supreme Court Justices

National judges' representatives will hold a debate on September 25 regarding the proposal to increase the number of Supreme Court justices, which is being promoted by the Democratic Party of Korea.

In May, the National Judges' Representative Meeting was held both online and offline at the Judicial Research and Training Institute in Goyang, Gyeonggi Province. Photo by Yonhap News

The Appellate System Subcommittee of the National Judges' Representative Meeting announced on September 22 that it will hold a discussion on appellate system reform at 7 p.m. on September 25, with the participation of judges and representatives from across the country. The meeting will be held online, and whether an offline meeting will be held concurrently has not yet been decided.

The National Judges' Representative Meeting is a body where presiding judges elected from courts nationwide gather to express opinions or make recommendations on judicial administration and judicial independence. This meeting will focus on two of the five judicial reform agendas being promoted by the Democratic Party's Special Committee on Judicial Reform: the proposal to increase the number of Supreme Court justices and the proposal to improve the nomination process for Supreme Court justices.

On this day, the subcommittee released a report summarizing its position based on prior discussions through the court's internal network, Courtnet.

In the report's overall opinion, the committee stated, "The proposal to increase the number of Supreme Court justices, which aims to enhance the quality of appellate review, contains many points worthy of consideration," adding, "The National Judges' Representative Meeting also passed a resolution in 2019, after surveying judges, urging the adoption of appellate system reforms, including an increase in the number of Supreme Court justices."

The committee further noted, "Given the repeated discussions on appellate system reform, it is necessary for the judiciary to reflect on whether the rights of the people are being adequately protected and whether the courts have earned the public's trust through their rulings." This marks the first time that the judiciary has mentioned the need for self-reflection in relation to the ruling party's judicial reform efforts.

The report also stated, "We hope that the courts, the National Assembly, the government, academia, and civil society organizations will form a consultative body to engage in serious discussion and deliberation, in order to design and implement the most desirable appellate system model for the people of Korea, including whether or not to increase the number of Supreme Court justices."

Individual opinions within the subcommittee included the view that "an increase in the number of Supreme Court justices should be accompanied by strengthening the lower courts," and that "while an increase is possible, there needs to be discussion on the pace and scope of the increase." There were also opinions opposing a "rapid increase," citing concerns that if the Supreme Court en banc is composed of 26 to 30 justices and decisions are made by simple majority, public trust in the fairness of the courts and trials could be undermined.

Suggestions were also made regarding improvements to the Supreme Court justice appointment process. The committee emphasized that "the Supreme Court Justice Candidate Recommendation Committee should play a role in ensuring substantial diversity in the composition of the Supreme Court and in supplementing and strengthening the democratic legitimacy of the judiciary."

To ensure the independence and representativeness of the recommendation committee, the committee suggested the following: ▲ institutional mechanisms to maintain independence from the Chief Justice (such as considering the removal of the Court Administration Director, eliminating the Chief Justice's authority to appoint non-ex officio recommendation committee members, and electing the committee chair), ▲ considering the exclusion of National Assembly recommendations, ▲ resolving the issue of overrepresentation of specific professions, and ▲ specifying the appointment of recommendation committee members by the National Judges' Representative Meeting.

To increase procedural transparency, the committee also proposed measures such as making meeting procedures and content public, recording or transcribing meetings, and preparing and releasing a substantive report on the recommendation process.

A representative of the National Judges' Representative Meeting stated, "Through this research and discussion, we hope to design the most desirable appellate system model for the people and to contribute to the pursuit of rational and balanced policies."

This content was produced with the assistance of AI translation services.