Judges' Representatives: "Regret Over Revision of Three Judicial Reform Bills Without Sufficient Discussion... Concerned About Side Effects"

Representatives of judges from across the country have expressed regret regarding the so-called 'Three Judicial Reform Bills' (Distortion of Justice Act, Retrial Petition, and Increase in Supreme Court Justices). They pointed out several issues: delays in dispute resolution caused by retrial petitions, the weakening of fact-finding due to an increase in Supreme Court justices, and the infringement of the right to a prompt and fair trial as a result of the implementation of the Distortion of Justice Act.

Yonhap News Agency

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On April 13, the National Judges’ Representative Council held its first meeting of the year at the Judicial Research and Training Institute in Goyang, Gyeonggi Province, and passed the 'Final Statement of Opinion on the Three Judicial Reform Bills' with majority approval from the attending representatives.

The Judges' Representative Council is a body where judges elected from courts at all levels gather to express opinions or make recommendations on judicial administration and the independence of the judiciary. This is the first time the council has issued an official position on the Three Judicial Reform Bills.

The representatives stated that while they "fully recognize the necessity of restoring public trust in the judiciary and feel a deep sense of responsibility," they also expressed their "concerns regarding side effects and potential confusion that could result from the amended laws." They further added, "We regret that laws, which could fundamentally restructure the judicial system, were revised without broader and sufficient discussion."

They went on to say, "We share the view that delays in the final resolution of disputes resulting from retrial petitions, the weakening of fact-finding due to a rapid and large-scale increase in the number of Supreme Court justices and related personnel shortages, as well as indiscriminate accusations and political misuse under the Distortion of Justice Act-leading to infringement of the public's right to a prompt and fair trial-must not be allowed to occur."

In particular, the representatives called for comprehensive measures to prevent the chilling of criminal trials for judges who could be subject to the Distortion of Justice Act due to unjust accusations. They also pledged that the various subcommittees under the Judges' Representative Council will actively research and discuss the issues and countermeasures related to the amended laws, including the Distortion of Justice Act.

The proposal to issue a statement on the Three Judicial Reform Bills, which was first suggested on April 10, was formally submitted as an agenda item at the meeting after being endorsed by more than ten members present.

At the meeting, the Judges’ Representative Council also requested that the National Court Administration explain a number of matters: the process of amending and implementing the Three Judicial Reform Bills and the administration’s subsequent actions; the current status and the administration’s views on additional judicial reform bills currently under consideration; the status and future plans for personnel seconded to the Constitutional Court; and specific details regarding recent restrictions on certain budget items.

Officials from the National Court Administration, including the Chief Planning Officer, announced they are considering establishing a 'Litigation Support Center' as a response to the introduction of the Distortion of Justice Act. The administration also explained that the 'Criminal Trial Support Task Force (TF)', which was created to respond to the Distortion of Justice Act, is meeting biweekly to develop step-by-step manuals, pursue cooperation with other agencies, and study interpretation standards.

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