Controversy Over the Introduction of Judicial Complaints: The Last Resort for Basic Rights? A Means to Aid the Powerful?
The proposed 'Judicial Complaint Act' passed through South Korea's National Assembly aims to allow the Constitutional Court to overturn final Supreme Court rulings, raising concerns over its implications for judicial integrity and cost to vulnerable groups.
On November 11, the National Assembly's Legislative Judiciary Committee passed the 'Judicial Complaint Act', a proposal that would enable South Korea's Constitutional Court to overturn final judgments made by the Supreme Court. This move responds to the current legal landscape where individuals cannot challenge finalized rulings even if their basic rights have been violated during the judicial process. Proponents argue that this new mechanism could serve as a 'last resort' to safeguard fundamental rights by allowing for errors in final judgments to be reconsidered. In contrast, opponents fear that establishing an additional layer of review would only prolong the judicial process, perpetuating the risk of 'legal hell' for those unable to bear the financial burden of extended litigation.