Democratic Party Accelerates Special Court for Insurrection Cases... Innovation Party Pushes for Dissolution of People Power Party

Discretion to Transfer First-Instance Trials Granted to Trial Panel
Secretary General of the Constitutional Court to Participate in Recommendation Committee
Innovation Party Urges Ministry of Justice to Seek Dissolution of People Power Party

The bill to establish a "special court for insurrection cases," which would exclusively handle the insurrection case involving former President Yoon Suk-yeol and others in connection with the 12·3 Martial Law Incident, has passed the plenary session of the National Assembly's Legislation and Judiciary Committee. The alternative bill that cleared the committee includes provisions granting discretion to decide whether to transfer ongoing first-instance trials to the special court. The National Innovation Party has increased pressure on the Ministry of Justice, urging it to seek the dissolution of the People Power Party as an unconstitutional party.

On the night of December 3, the Legislation and Judiciary Committee held a plenary session and passed the "Act on the Establishment of a Special Court for the Investigation of State Affairs Manipulation Cases Involving Yoon Suk-yeol, Kim Keon-hee, and Others." The act stipulates the establishment of more than two special courts for both first-instance and appellate (second-instance) trials related to insurrection cases. It also includes provisions for the recommendation of special court judges by bodies such as the Constitutional Court, the Ministry of Justice, and the Judicial Council.

Choo Mi-ae, Chairperson of the National Assembly's Legislation and Judiciary Committee, is striking the gavel at the plenary session held at the National Assembly in Yeouido, Seoul on December 3, 2025. Photo by Kim Hyunmin

It is known that the bill was partially revised during the plenary session after being reviewed by the Agenda Coordination Committee. Kim Gipyo, a member of the Democratic Party, stated at the previous day's plenary session, "The Court Administration Office raised concerns about transferring first-instance trials to the special court, so the Agenda Coordination Committee resolved this by granting the presiding judge discretion to transfer first-instance cases."

According to reporting by The Asia Business Daily, the provision stating that "cases under first-instance trial shall be transferred to the special court" was changed to "cases under first-instance trial may be transferred to the special court." This gives the existing trial panel, including Judge Ji Guyoun, the authority to decide whether to transfer cases. In addition, the process for recommending candidates for the special court was also amended during the review process. However, the judiciary maintains that problems remain unresolved regarding the recommendation of special court judges. Cheon Dae-yeop, Chief Judge of the Court Administration Office, argued, "Even if it is the Secretary General of the Constitutional Court, not the President of the Constitutional Court, there are constitutional issues with allowing the referee to participate in the match."

With the bill passing the Legislation and Judiciary Committee, the likelihood of it being enacted within the year has increased. President Lee Jaemyung also expressed respect for the National Assembly's role regarding the establishment of the special court for insurrection cases, further raising the likelihood of its passage within the year. President Lee stated the previous day regarding the special court, "The National Assembly has its own responsibilities, the executive branch has its own, and the judiciary has its own as well," adding, "I trust that the National Assembly will faithfully uphold the will of the people." Previously, at a press conference marking his 100th day in office, President Lee also expressed the view that establishing a special court for insurrection cases is not unconstitutional. Moon Geumjoo, floor spokesperson for the Democratic Party, said regarding the special court bill, "Our goal is to pass it within the year," adding, "We will hold a general assembly of lawmakers on the 8th to decide when to proceed."

Seo Wangjin, the floor leader, along with members of the National Innovation Party, are publicly announcing a resolution urging the filing of a petition for party dissolution at the entrance of the martial law troops in the main building of the National Assembly on December 4, 2025. Photo by Kim Hyunmin

Meanwhile, the Innovation Party has called on the Ministry of Justice to immediately file a petition for the dissolution of the People Power Party as an unconstitutional party. Seo Wangjin, floor leader of the Innovation Party, stated in a "Resolution Urging the Filing of a Party Dissolution Petition," "Yoon Suk-yeol, a member of the People Power Party and the President, actually carried out the insurrection," and claimed, "Under the command of floor leader Chu Kyungho, the People Power Party systematically obstructed the resolution to lift martial law and branded the minority of supporting lawmakers as traitors." Earlier this year, in January and July, the Innovation Party submitted petitions to the Ministry of Justice twice, urging it to seek the dissolution of the People Power Party as an unconstitutional party.

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