The South Korean government is advancing legislation that could penalize judges and prosecutors for what is deemed 'distorted law', raising concerns about potential abuse and the disruption of judicial independence.
The Democratic Party of Korea has prioritized the passage of the 'Law Against Distorted Law' among its judicial reform measures, which includes penal provisions for judges and prosecutors found guilty of misinterpreting laws or misjudging facts for improper purposes, with potential prison sentences of up to ten years. This legislative effort has its roots in recent high-profile legal decisions, such as the cancelation of a former president's arrest. Advocates say that this will ensure accountability in the judiciary, but critics are voicing strong concerns about vagueness in the definition of 'distorted law' and the implications for judicial independence.
Legal experts warn that the ambiguous nature of 'distorted law' contradicts constitutional principles of clarity, posing risks of excessive complaints and accusations by individuals dissatisfied with legal outcomes. The introduction of such a law could pressure judges and prosecutors to act out of fear of personal repercussions rather than their legal and ethical obligations. This could ultimately erode the foundation of impartial justice, as legal professionals may prioritize self-preservation over judicial integrity.
Prominent legal voices, including former Supreme Court Justices, have expressed concerns that the new law could be misused as a tool by political powers to exert control over the judiciary. Such misuse may threaten the critical independence of the judiciary from public opinion and political pressure, potentially compromising the quality of justice. There are calls to rely on existing legal frameworks to address concerns about judicial malpractice rather than introducing a law with potentially detrimental effects on the separation of powers.
