Feb 11 • 14:01 UTC 🇰🇷 Korea Hankyoreh (KR)

'Trial Appeal Law' Passed by the Democratic Party in Committee

The South Korean National Assembly's Legislative and Judiciary Committee has approved a bill allowing constitutional appeals against court rulings, led by the Democratic Party.

On the 11th, South Korea's National Assembly Legislative and Judiciary Committee approved the "Trial Appeal Law," which enables individuals to submit constitutional appeals regarding court judgments. The bill, driven by the ruling Democratic Party, links the trial appeal legislation to other reform proposals, such as the criminalization of legal distortions and the expansion of Supreme Court justices. This move is aimed at processing all related laws in the current session of the National Assembly. The proposed legislation allows for constitutional appeals if a court ruling violates constitutional rights or is deemed unlawful, even after going through Supreme Court reviews. However, opposition parties criticized the bill as an attempt to protect a specific politician, claiming that it would drag citizens into a 'litigation hell'. The Democratic Party’s committee chairman emphasized the bill’s preventive effect, asserting that it would force courts to adhere strictly to constitutional norms in their trials. The Supreme Court has expressed opposition, viewing the trial appeal process as a de facto fourth tier of the judicial system, which requires constitutional amendment rather than mere legislation. Although the Democratic Party claims the law is constitutional, experts believe that challenges against it will likely be dismissed by the Constitutional Court, maintaining the legitimacy of the legislative process. The Democratic Party plans to push through these judicial reform proposals in the February special session, slowing down the legislative agenda according to party leaders.

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