South Korea’s ruling People Power Party is pressing ahead with a controversial “law-distorting crime” bill, despite concerns raised by the Supreme Court, with a parliamentary vote anticipated on Wednesday. The bill, formally known as an amendment to the Penal Code, aims to criminalize the intentional misapplication of law by judges and prosecutors.
The Democratic Party of Korea, which initiated the legislation, is reportedly engaged in last-minute deliberations over potential revisions to address concerns about the bill’s vagueness. Some lawmakers within the party have expressed reservations about the ambiguity of the clause defining when a ruling “clearly contradicts logic and common experience,” according to Yonhap News Agency. Despite these concerns, a key party official, Park Su-hyun, indicated that significant changes to the original draft are unlikely, though acknowledged the possibility of unforeseen variables influencing the outcome.
The proposed law, Article 123-2, Clause 3 of the amended Penal Code, has drawn sharp criticism from the judiciary. The Supreme Court has voiced its opposition, fearing the law could unduly influence judicial independence. A nationwide meeting of court presidents convened on Wednesday to discuss the implications of the impending legislation and the broader “judicial reform package” being pursued by the Democratic Party, which likewise includes provisions for judicial review of court decisions and an expansion of the Supreme Court.
The “judicial reform 3 laws” – encompassing the law-distorting crime, the re-trial petition system, and the expansion of the Supreme Court – are nearing a vote in the National Assembly. The Democratic Party, holding a majority in the legislature, is championing the reforms as a means to address perceived imbalances in the judicial system. Yet, the legal community has expressed concerns that the changes could undermine the separation of powers and the integrity of the courts.
During a December meeting, court presidents reportedly expressed significant concerns about the constitutionality of the law-distorting crime provision. The upcoming vote comes as the Democratic Party seeks to solidify its position on judicial reform, despite ongoing resistance from the Supreme Court and segments of the legal profession. The nationwide court presidents’ meeting is intended to formulate a unified response to the proposed legislation.
