KBA Expresses Concern Over Special Panel for Insurrection Cases and Crime of Legal Distortion...“Judicial Independence Could Be Undermined”

[Financial News] The Korean Bar Association (KBA) has voiced concerns regarding the ruling party's push for legislation to establish a Special Panel for Insurrection Cases and to introduce the Crime of Legal Distortion. The association called for careful review, citing concerns over the constitutional principle of separation of powers and the independence of the Judiciary.
On the 8th, in a statement issued under the name of President Kim Jung-wook, the KBA urged the National Assembly of the Republic of Korea to respect the constitutional principle of separation of powers and to recognize that the independence of the Judiciary is the fundamental basis for guaranteeing the public's right to a fair trial. The association called for thorough and prudent discussions on the proposed bills.
Regarding the establishment of the Special Panel for Insurrection Cases, the KBA stated that once a political issue is brought before the Judiciary, subsequent decisions should be left to the Judiciary's exclusive authority. The association warned that if the legislature repeatedly enacts laws affecting the composition of judicial panels or the duties of judges and prosecutors based on specific times or issues, it could raise questions about the constitutional limits of legislative power.
The KBA also expressed concern over the introduction of the Crime of Legal Distortion. The association emphasized that the Constitution guarantees the Judiciary's exclusive authority over case assignment and panel composition. It further noted that any new criminal provisions that could undermine the independent performance of judges' duties must meet strict constitutional standards, including clarity of legal requirements. The KBA stressed the need for a thorough review of the constitutionality of the proposed bills.
Additionally, the association warned that if the bills become embroiled in constitutional controversy, there could be adverse effects such as prolonged trials due to Adjudication on the Constitutionality of Law or constitutional complaints.
Meanwhile, the Democratic Party of Korea (DPK) is pushing for the establishment of a Special Panel for Insurrection Cases and the introduction of the Crime of Legal Distortion, which would criminally punish judges and prosecutors who manipulate facts or distort the law to benefit or disadvantage specific individuals.
scottchoi15@fnnews.com Choi Eun-sol Reporter