Despite Controversies Regarding Unconstitutionality of the Crime of Distortion of Law, the Democratic Party Opted for Speed over Deliberation
The Democratic Party of Korea has decided to push forward with three major judicial reform bills, including the controversial 'crime of distortion of law,' amid concerns about their constitutionality.
On October 22, the Democratic Party of Korea finalized its decision to process three major judicial reform bills, including the contentious crime of distortion of law, at the National Assembly's Legislation and Judiciary Committee without further amendments. This move has sparked debates within the political sphere around potential unconstitutionality. Despite some internal concerns voiced by party members regarding the implications of these bills, hardliner voices advocating for expedited processing ultimately prevailed during a party general meeting.
The proposed amendment concerning the crime of distortion of law aims to penalize judges and prosecutors with up to ten years of imprisonment for misrepresenting legal principles during investigations, prosecutions, or trials. This amendment categorizes actions such as willfully misapplying laws to the advantage or disadvantage of individuals or gathering illegal evidence as distortions of law. Proponents within the Democratic Party argue that establishing such provisions would prevent scenarios like the recent decision by the judiciary to overturn the detention of former President Yoon Seok-yeol, thus strengthening judicial accountability.
However, there are significant concerns among legal professionals about the ambiguous standards for determining what constitutes a distortion of law, raising fears that these provisions could be misused to exert pressure on the judiciary. Furthermore, some Democratic Party members have suggested removing particularly vague provisions relating to punitive measures for intentional distortion of laws. Reflecting on recent public sentiment following the first trial of former President Yoon, where he was sentenced to life imprisonment instead of the death penalty, it appears that increased anxiety regarding judicial processes and public support for the party have influenced its decision to proceed without further debate.