South Korea's Supreme Court with banner announcing judicial reform laws taking effect on March 12, enabling constitutional appeals; judges and politicians celebrating.
South Korea's Supreme Court with banner announcing judicial reform laws taking effect on March 12, enabling constitutional appeals; judges and politicians celebrating.
Image générée par IA

South Korea's judicial reform laws take effect, enabling constitutional appeals

Image générée par IA

South Korea's judicial reform laws were proclaimed on March 12, allowing constitutional appeals against Supreme Court rulings and punishment for legal distortion. This marks the first major overhaul since the 1987 constitutional amendment, including an expansion of Supreme Court justices. The measures passed under the ruling Democratic Party despite opposition from the opposition and judiciary.

On March 12, South Korea proclaimed a set of judicial reform laws, introducing constitutional appeals against Supreme Court rulings. Litigants can now file complaints to the Constitutional Court within 30 days if a final ruling violates the Constitution, such as conflicting with prior Constitutional Court decisions or infringing fundamental rights. If upheld, the case returns for review. On the first day, a Syrian national petitioned to overturn a deportation-related Supreme Court decision, with 11 complaints filed by 2 p.m. Other cases include a claim by the family of a North Korean-abducted fisherman seeking compensation for a delayed ruling.

The laws also criminalize 'legal distortion,' punishing judges, prosecutors, or investigators with up to 10 years in prison for intentionally twisting legal principles to harm others. The ruling Democratic Party argues this prevents abuse of power, but the judiciary warns it could undermine independence by encouraging conservative rulings out of fear. Examples include misapplying statutes or concealing evidence.

The Supreme Court will expand from 14 to 26 justices, adding four annually starting March 2028 over three years. Proponents say this addresses the backlog, with each justice currently handling 3,478 cases yearly, allowing faster and thorough reviews. Critics, however, fear it enables President Lee Jae Myung to appoint 22 of 26 justices by his term's end in June 2030, potentially packing the court with liberals and straining lower courts by drawing talent.

On the same day, lawyer Lee Byung-chul filed a complaint against Chief Justice Cho Hee-dae and Justice Park Young-jae, alleging distortion in the 2025 ruling on President Lee's election law violation case, which overturned a lower court acquittal. Police confirmed an investigation. A two-day meeting of court heads nationwide began Thursday to discuss the reforms, with Cho warning they could cause 'great harm' to the public.

Ce que les gens disent

Initial reactions on X to South Korea's judicial reform laws, effective March 12, 2026, are largely skeptical and negative, focusing on risks of endless litigation harming victims, judicial trial avoidance, and making the country favorable for criminals, despite being hailed as a major overhaul.

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Supreme Court opens public hearing on judicial reform

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South Korea's Supreme Court opened a three-day public hearing on Tuesday to discuss proposed judicial reforms amid concerns from the judiciary. The event aims to gather opinions from various sectors on enhancing transparency and expanding public participation. It follows recent legislative pushes by the ruling Democratic Party.

One week after South Korea's judicial reform laws took effect on March 12—introducing constitutional appeals and penalties for 'law distortion'—complaints against top judges have risen sharply. The National Assembly is set to vote Thursday on the remaining two bills of the 'judiciary trio,' prompting fears of paralyzing the judiciary.

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South Korea's National Assembly, led by the ruling Democratic Party, passed a revision to the Constitutional Court Act, allowing the court to review lower court rulings, including finalized Supreme Court decisions. The bill passed 162-63 after the main opposition's filibuster ended. While the ruling party claims it protects people's rights, the opposition accuses it of undermining judicial independence.

One year after former President Yoon Suk Yeol's December 3, 2024, martial law declaration, Seoul courts remain busy with related trials. Yoon and his inner circle face charges including leading an insurrection and abusing authority, with key rulings expected early next year. President Lee Jae Myung plans to join a rally near the National Assembly on Wednesday to thank citizens for defending democracy.

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People Power Party leader Jang Dong-hyuk delivered a record-breaking filibuster exceeding 21 hours against the ruling Democratic Party's bill for special tribunals on insurrection cases linked to former President Yoon Suk Yeol's martial law bid. Despite the effort, the National Assembly passed the measure, intensifying debates over judicial independence.

The Seoul Central District Court is set to deliver a verdict on Wednesday on charges that former Prime Minister Han Duck-soo abetted former President Yoon Suk Yeol's failed martial law imposition. Han will be the first member of Yoon's Cabinet to face sentencing over the December 3, 2024, emergency order. Prosecutors seek a 15-year prison term, while Han denies the allegations.

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Former President Yoon Suk Yeol will receive his first court verdict this week over obstruction of justice and other charges tied to his short-lived imposition of martial law in December 2024. The Seoul Central District Court has scheduled the sentencing hearing for 2 p.m. Friday and approved live broadcasts due to public interest. This marks the first sentencing among the eight cases he faces.

 

 

 

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