Ruling Party Unveils Final Judicial Administration Reform Plan: "To Be Submitted Tomorrow, Passed Within the Year"

On December 2, the Democratic Party of Korea unveiled its final version of the "Judicial Administration Reform Plan," which includes the abolition of the Court Administration Office and the strengthening of disciplinary measures for judges. The party has set the completion of judicial reform within the year as its goal and is expediting the legislative process.

Jeon Hyunhee, head of the Democratic Party's "Task Force for Overcoming Judicial Distrust and Normalizing Judicial Administration," is speaking at the judicial administration reform report meeting held at the National Assembly in Yeouido, Seoul on the 2nd. Photo by Yonhap News

The Democratic Party's "Task Force for Overcoming Judicial Distrust and Normalizing Judicial Administration" held a report meeting at the National Assembly on this day and announced the judicial administration reform bills, including amendments to the Court Organization Act, the Attorney-at-Law Act, and the Judges Disciplinary Act. The task force plans to submit the amendments on December 3 and aims to pass them within the year.

According to the task force, the judicial administration reform plan is divided into four areas: normalization of judicial administration, eradication of preferential treatment for former Supreme Court justices, strengthening of disciplinary measures for judges and substantiating the inspection function, and making the judges' council more effective.

The amendment to the Court Organization Act for normalizing judicial administration calls for abolishing the existing Court Administration Office and establishing a collegial body, the Judicial Administration Committee, which will deliberate and decide on all aspects of judicial administration, including personnel, disciplinary actions, budgeting, and accounting for the courts.

The Judicial Administration Committee will be composed of 13 members, including one chairperson at the ministerial level. Anyone who has served as a judge within the past five years cannot become a member.

The chairperson will be appointed by the Chief Justice of the Supreme Court from among the committee members who are not current or former judges, based on a recommendation from the National Council of Judges and after a confirmation hearing in the National Assembly. Three of the committee members will serve full-time; of these, one must be a judge, and two must not be judges or prosecutors. The term for committee members is three years, with the possibility of one reappointment, but the chairperson and any committee member who is a public official cannot be reappointed.

Appointments, assignments, transfers, evaluations, and reappointments of judges will be decided by the Chief Justice of the Supreme Court after deliberation and resolution by the Judicial Administration Committee.

The amendment to the Attorney-at-Law Act to eradicate preferential treatment for former Supreme Court justices will prohibit retired justices from representing cases before the Supreme Court for five years. Lim Jibong, a professor at Sogang University Law School and a member of the task force, explained, "To prevent preferential treatment for former Supreme Court justices, this is a constitutional measure that partially restricts the freedom to practice a profession, rather than the freedom to choose a profession."

The amendment to the Judges Disciplinary Act will increase the maximum period of suspension for judges found guilty of misconduct from the current one year to two years. The chairperson of the Judges Disciplinary Committee will be appointed by the Chief Justice of the Supreme Court from among the justices, after deliberation and resolution by the Judicial Administration Committee. The composition of the committee will be changed from four judges and three external members to three judges and four external members.

The current title of "Ethics Auditor" will be changed to "Inspector," and the position will be operated as a separate entity. Individuals with a background in the courts will be excluded to ensure objective and rigorous inspection work. If it is deemed significantly inappropriate for the judge under inspection to preside over cases from the start of the inspection until the disciplinary decision, or at the request of the inspector, the judge will be assigned to non-judicial duties.

The amendment to the Court Organization Act also aims to make the judges' council, an advisory body at each level of the court, more effective. The council will be expanded to include all judges in the court, and major matters specified by law must be deliberated and resolved by the council as part of the advisory process.

The chief judge of each court will be appointed by the Chief Justice of the Supreme Court from among the candidates elected by the respective judges' council, after deliberation and resolution by the Judicial Administration Committee, with a term of two years.

Jeon Hyunhee, who heads the task force, stated, "The key is to decentralize the authority concentrated in the Chief Justice and to strengthen democratic procedures in judicial administration," adding, "We will do our utmost to ensure that the judicial administration reform plan, which will mark the completion of judicial reform, passes within the year."

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