UPDATE: A leading law professor in South Korea has issued a stark warning regarding a controversial package of judicial reform bills backed by the ruling party. Cha Jin-ah, a constitutional law expert from Korea University, cautioned that these reforms could undermine judicial independence and threaten the separation of powers. “Unchecked power leads to dictatorship,” she stated during an interview on December 17, 2023.
The proposed reforms include expanding the number of Supreme Court justices, establishing a special court for treason, and introducing a new crime of “distorting the law.” Cha’s concerns center on the potential political motivations behind rushing these bills through the National Assembly.
“Only public opinion can stop a legislative rampage,” Cha emphasized, highlighting the crucial role of citizen engagement in safeguarding democracy. She supports some reforms, such as a modest increase in justices, but warns that increasing the court’s size by 12 justices could lead to blatant political appointments.
The implications of these reforms are dire. Cha argues that the court petition system is fundamentally flawed, questioning how the Constitutional Court could manage an influx of constitutional reviews, particularly concerning final judgments. “Fair trials could become meaningless,” she warned.
Cha also criticized the establishment of a special treason court, deeming it unconstitutional and suggesting it could be used to politically target opposition groups. “The crime of distorting the law is barbaric,” she added, referencing its potential misuse to intimidate judges and prosecutors.
The proposed abolition of the court administration office, which Cha argues would strip judicial authority, has also raised alarms. “Judicial power includes not only adjudication but judicial administration,” she stated, making it clear that the essence of judicial independence is at stake.
As these bills face mounting scrutiny, the question remains: what will happen next? The ruling party holds a majority, but Cha insists that public opposition and an active opposition party are essential for maintaining checks and balances in governance.
The urgency of this situation cannot be overstated; the future of South Korea’s judicial system hangs in the balance. As developments unfold, citizens and officials alike must remain vigilant in defending democratic principles.
Stay tuned for updates on this critical issue as South Korea navigates these potentially transformative judicial reforms.
