Judicial Distortion Crime Bill Passes Plenary with Revisions... "Up to 10 Years in Prison for Judges and Prosecutors Who Distort the Law"

People Power Party Filibuster Ends After 24 Hours
Democratic Party Pushes Ahead with Revision Despite Judiciary Backlash

On the 26th, the National Assembly passed an amendment to the Criminal Act, known as the offense of legal distortion.

At a plenary session held that day, the National Assembly passed the amendment to the Criminal Act with 163 votes in favor, 3 against, and 4 abstentions out of 170 lawmakers present. The offense of legal distortion had been brought to the floor the previous day, but the People Power Party requested a filibuster (unlimited debate), leading to about 24 hours of debate.

When the People Power Party began the filibuster the previous day, the Democratic Party of Korea and the Cho Kuk Innovation Party immediately submitted a motion to end the debate. Under the National Assembly Act, more than 24 hours after the start of the filibuster, a vote was held on the motion to end the unlimited debate, and with the passage of the relevant bill, the filibuster was terminated.

Yonhap News

The amendment to the Criminal Act passed at the plenary session largely consists of provisions on the offense of legal distortion and the punishment of espionage. As originally drafted, the offense of legal distortion provided for punishment when a judge, prosecutor, or any person performing duties related to criminal investigations, with the intent to unlawfully or unjustly confer benefits on another person or infringe upon another person’s rights and interests, intentionally misapplies laws or regulations so as to place either party to a case at an advantage or disadvantage, or when such a person fabricates evidence related to a case or uses fabricated or falsified evidence in trial or investigation. It also includes a punishment clause stipulating imprisonment for up to 10 years and disqualification for up to 10 years for violations of the offense of legal distortion.

However, the previous day the Democratic Party submitted a revised bill that, citing infringement of judicial independence and a lack of clarity in the constituent elements of the offense of legal distortion, limits the scope of punishable cases to criminal cases, and strengthens the intent requirement so that it applies only when a person intentionally applies a law despite knowing that the requirements for its application are not met, or intentionally disregards a law despite knowing that it should be applied.

The judiciary has expressed concern over the offense of legal distortion, stating that “judicial reform is being pursued without sufficient deliberation.” Even though the leadership of the Democratic Party prepared a revised bill in consideration of the judiciary’s criticism, the judiciary voiced concerns that the scope of punishment could still be excessively expanded and that serious side effects could arise. Within the party, backlash continued, particularly centered on the Legislation and Judiciary Committee. Critics argued that, procedurally, there had been no consultation with the Legislation and Judiciary Committee, which has jurisdiction over the matter, during the revision process. The Democratic Party explained that the revised bill was drafted through consultation among the party, the government, and the presidential office.

In addition, the amendment also dealt with an espionage offense that allows for the punishment of those who, for a foreign state or an organization equivalent thereto, under orders, instigation, or other communications of intent from such foreign state or organization, seek out, collect, leak, transmit, or broker state secrets, or aid and abet such acts.

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