Who really wants a judiciary weakened by ‘reform’?

2025. 10. 21. 00:02
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Many see both the court-expansion proposal and the retrial initiative as a response to the Supreme Court's decision to overturn President Lee's election law acquittal—a sign of political retaliation disguised as reform.
Rep. Back Hye-ryun, right, head of the Democratic Party’s special committee on judicial reform, presents details of the party's reform proposal during a committee briefing at the National Assembly in Yeouido, western Seoul, on Oct. 20. [YONHAP]

The Democratic Party’s (DP) special committee on judicial reform has unveiled a plan to expand the number of Supreme Court justices from 14 to 26. Supporters argue that the measure would ease the court’s workload and reduce delays, an issue that has been raised even within the judiciary. Yet the proposal lacks public consensus in both its purpose and process.

If the law is revised as proposed, President Lee Jae Myung would appoint 22 of the 26 justices — 84.6 percent of the total. The bill calls for adding four new justices each year for three years, following a one-year grace period. During that time, Lee would appoint 12 new justices plus replacements for the nine whose terms, including Chief Justice Jo Hee-de’s, will expire. Such a scenario inevitably raises concerns that the nation’s top court could be filled with figures aligned with the president and his party.

DP Rep. Back Hye-ryun, who heads the reform committee, argued that “the next president will also appoint 22 justices, ensuring a balanced structure between administrations.” But this logic reflects partisan arithmetic, not judicial principle. The essence of the judiciary lies not in a balance of appointments but in independence from political power. Few would welcome a Supreme Court dominated by government-friendly judges. Opposition lawmakers compared the move to Venezuela’s judicial overhaul, where expanding the court completed the path to authoritarian rule, calling the bill “a transparent attempt to subdue the judiciary.”

The DP has also pledged to pursue a new retrial system allowing appeals of Supreme Court rulings to the Constitutional Court — a de facto four-tier judicial structure. Party leader Jung Chung-rae said, “Even the Supreme Court is an institution under the Constitution,” signaling his intent to press ahead. Critics, including members of the party itself, warn that the plan could sow chaos in the judicial system. Many see both the court expansion proposal and the retrial initiative as a response to the Supreme Court’s decision to overturn President Lee’s election law violation acquittal — a sign of political retaliation disguised as reform.

DP leaders insist they will hold public consultations, but memories of the one-sided drive for prosecutorial reform make such assurances hard to believe.

The party’s media reform committee added to the unease by proposing a bill that would impose damages up to five times the harm caused by the deliberate spread of false information, and fines up to 1 billion won ($703,000) for repeat offenses. While the intent to curb disinformation is understandable, excessive penalties could chill free expression. Using the banner of reform to weaken the press’s role in scrutinizing power would undermine the foundation of democracy itself.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.

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