Offense of Distorting the Law and Constitutional Complaint Against Court Rulings Take Effect on the 12th, Expansion of Supreme Court Justices to Begin in 2028 for Three Years

The so-called "Three Judicial Laws," centered on the introduction of the offense of distorting the law, the implementation of the constitutional complaint against court rulings, and the expansion of Supreme Court justices, will be promulgated on the 12th.
According to the official gazette on the 11th, the government plans to publish the amended Criminal Act (introducing the offense of distorting the law), the amended Constitutional Court Act (Constitutional Complaint against Court Rulings Act), and the amended Court Organization Act (Supreme Court Justice Expansion Act) in the electronic official gazette dated the 12th. This comes just one week after they passed the State Council of South Korea on the 5th. The offense of distorting the law and the constitutional complaint against court rulings will take effect immediately upon promulgation, while the expansion of Supreme Court justices will apply starting two years after promulgation.
As a result, judges and prosecutors involved in investigations and trials can now face criminal punishment, and the door has been opened for filing a constitutional complaint against court rulings with the Constitutional Court of Korea even after a judgment has become final and conclusive.
The offense of distorting the law stipulates that a judge or prosecutor involved in a criminal trial, or a person performing criminal investigation duties, who distorts the law with the intent to grant another person unlawful or unjust benefits or to infringe upon their rights and interests, shall be subject to imprisonment for up to 10 years and disqualification from office.
The Constitutional Complaint against Court Rulings Act extends the scope of constitutional complaints to include "court rulings," which had previously been excluded. If the Constitutional Court of Korea finds that a court ruling violates the Constitution, it may annul that ruling, and the courts must conduct a new trial in line with the Constitutional Court's decision.
The Supreme Court Justice Expansion Act provides for increasing the current number of Supreme Court justices from 14 to a total of 26, by adding four justices each year for three years starting two years after the law is promulgated.
Although these bills raised concerns about potential unconstitutionality and calls for broader public debate within the judiciary, they were passed between the 26th and 28th of last month under the lead of the Democratic Party of Korea, which holds a majority in the National Assembly. The government deliberated and approved them at an extraordinary meeting of the State Council of South Korea presided over by the President of the Republic of Korea on the 5th. With a major overhaul of the judicial system that has been in place for nearly 40 years since the 1987 constitutional amendment now imminent, the Supreme Court of Korea and the Constitutional Court of Korea are working on follow-up measures.
The National Court Administration of the Supreme Court of Korea is holding a two-day nationwide conference of court presidents in Jecheon, North Chungcheong Province, starting on this day, to discuss follow-up measures to the judicial reform and ways to support judges. The Constitutional Court of Korea, in line with the enforcement of the new laws on the same day, will launch a system for receiving constitutional complaints against court rulings through the Electronic Constitutional Adjudication Center. It is also revising internal rules, including adjudication regulations, through its Administrative Preparatory Team.
theknight@fnnews.com Jung Kyung-soo Reporter