[2025 National Audit] Court Chiefs Say "Special Insurrection Court May Be Unconstitutional"... Reject "Superiority of Elected Power" Theory

On the Transfer of Records to the Supreme Court the Day After President Lee's Election Law Appeal
"No Instructions Were Given"

Kim Dae-woong, Chief Judge of the Seoul High Court, and other court chiefs expressed concerns regarding the ruling party's push to establish a special court division for insurrection cases, stating, "We believe there are concerns of constitutional violations." Regarding the controversy over the "superiority of elected power," they unanimously stated, "There is no hierarchy between the judiciary and elected authorities."

Kim Dae-woong, Chief Judge of the Seoul High Court, and other court chiefs appeared as institutional witnesses at the 2025 National Assembly Legislation and Judiciary Committee audit held on the 20th. From the left, Jeong Jun-young, Chief Judge of the Seoul Rehabilitation Court; Lee Won-hyung, Chief Judge of the Seoul Family Court; Bae Jun-hyun, Chief Judge of the Suwon High Court; Chief Judge Kim; and Oh Min-seok, Chief Judge of the Seoul Central District Court. 2025.10.20 Photo by Kim Hyun-min

On October 20, at the National Assembly Legislation and Judiciary Committee audit, Chief Judge Kim responded to People Power Party lawmaker Park Jun-tae's question, "Do you agree with the proposal to form a separate panel for the trial of former President Yoon Suk-yeol on insurrection charges?" by expressing these views.

Oh Min-seok, Chief Judge of the Seoul Central District Court, and Bae Jun-hyun, Chief Judge of the Suwon High Court, also each stated, "I believe there is a risk of unconstitutionality, so caution is necessary," and "I oppose it for the same reason."

Regarding the debate over the "superiority of elected power," the court chiefs collectively stated, "We do not believe there is any hierarchy." Previously, President Lee Jaemyung, in a press conference marking his 100th day in office, said, "There is a clear hierarchy of power in the Republic of Korea. The highest power lies with the people and popular sovereignty, followed by directly elected authorities and indirectly elected authorities." This was interpreted as suggesting that the unelected judiciary is "below" the elected legislative and executive branches, leading to criticism that it undermines the constitutional principle of separation of powers.

When People Power Party lawmaker Shin Dongwook asked, "Do you believe the judiciary is below elected authorities?" Chief Judge Kim replied, "I do not think there is any hierarchy." Chief Judge Oh and Chief Judge Bae also stated, "We do not think so." Lee Won-hyung, Chief Judge of the Seoul Family Court, added, "I do not think so either," and explained, "I believe there are only functional differences between the branches."

In response, Chu Mi-ae, Chairperson of the Legislation and Judiciary Committee, commented, "You are making statements that could cause misunderstandings that the judiciary is under the elected authorities, but that is not the case. All three branches-legislative, judicial, and executive-are under the sovereignty of the people," and added, "Please understand that the President also serves under the sovereignty of the people."

Additionally, regarding President Lee's case involving violations of the Public Official Election Act, Chief Judge Kim explained, "I understand that this was a measure taken to ensure swift processing."

When Democratic Party lawmaker Kim Gipyo asked whether it was usual for the case records to be sent to the Supreme Court just one day after the prosecution appealed the appellate court's ruling in President Lee's case, Chief Judge Kim replied, "Because it is an election crime case, I understand that the measure was taken for prompt handling."

When Assemblyman Kim asked, "Has there ever been such a case before?" Chief Judge Kim answered, "To my knowledge, there has not." When further asked, "Was this the independent decision of the Seoul High Court? Was there any instruction from the Supreme Court?" he replied, "There was absolutely no instruction given."

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