채윤환
| 2026-03-12 09:53:03
judiciary-reform
Judicial reform laws take effect allowing constitutional appeals, punishment for 'legal distortion'
By Chae Yun-hwan
SEOUL, March 12 (Yonhap) -- A set of judicial reform laws were officially proclaimed Thursday, allowing constitutional appeals of Supreme Court rulings, punishment for judges who intentionally distort legal principles and an expansion of the top court.
The reforms marked the first major overhaul of the current judiciary system since a constitutional amendment in 1987.
The National Assembly, controlled by the ruling Democratic Party, passed the bills last month in a push for judiciary reform despite strong objections from the main opposition People Power Party and the judiciary, which argued they could undermine its independence.
The laws on constitutional appeals and punishment for the offense of "legal distortion" will take effect immediately, while the increase to the number of Supreme Court justices will gradually take place starting 2028.
Under the amended Constitutional Court Act, individuals can file constitutional complaints against cases already ruled by the top court if they are deemed to be against Constitutional Court rulings, have not followed due process or have violated basic rights by clearly violating the Constitution.
The complaints have to be made within 30 days of a final ruling.
If the Constitutional Court determines a court ruling is in violation of the Constitution, the case has to be reviewed again.
The legislation has faced criticism that it would be against the country's three-instance trial structure, but the Constitutional Court has maintained that it would be making constitutional review. The court expects many of the complaints it receives to be dismissed.
On the offense of "legal distortion," judges overseeing criminal cases, prosecutors or those involved in investigations can be punished with up to 10 years in prison if they distort legal principles with the intent of harming others.
The ruling bloc believes the legislation will prevent judges or prosecutors from taking steps to influence the results of rulings or investigations.
The judiciary has voiced opposition to the newly established offense, arguing that it could induce judges to simply follow precedent out of fear of punishment and prevent rulings that would reflect the times.
Under the revised Court Organization Act, the number of Supreme Court justices will increase from the current 14 to 26 over three years starting from March 2028.
While the reform is intended to address a backlog of cases at the top court, it has raised questions about whether the expanded court could make internal deliberation less effective.
A two-day closed-door meeting of the heads of courts nationwide is scheduled to begin later Thursday to discuss the reform measures.
Supreme Court Chief Justice Cho Hee-dae, who has said the reforms could cause "great harm" to the public, is expected to attend the session.
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