Feb 23 • 13:40 UTC 🇰🇷 Korea Hankyoreh (KR)

Increase of Supreme Court Justices as a Means to Alleviate Trial Backlog... Need for Measures to Address Concerns of Undermining Lower Courts

The proposed amendment to increase the number of Supreme Court justices in South Korea raises concerns about potential undermining of lower courts while aiming to resolve trial backlogs.

In South Korea, the proposal to increase the number of Supreme Court justices from 14 to 26 over three years has become a focal point of discussions among lawmakers regarding judicial reform. Initially, the ruling Democratic Party advocated for an even larger increase of 100 justices, but after consultations with legal professionals, the number was scaled back to 26. This move is intended to diversify the composition of the Supreme Court and alleviate the backlog of cases, yet there are significant concerns within the legal community about the detrimental effects this may have on lower courts, which may suffer from decreased resources and attention.

Legal experts argue that simply increasing the number of Supreme Court justices will not necessarily lead to a more effective judicial system unless there is a concurrent expansion of lower court judges. Critics highlight the risk of a disproportionate concentration of judicial resources at the Supreme Court level, which could lead to limited judicial engagement at the initial trial levels. Some commentators suggest that a more thoughtful approach, including bolstering the ranks of first and second-instance judges, would be necessary to ensure that crucial cases receive proper consideration at the Supreme Court, rather than reallocating existing resources to higher courts.

Concerns are also voiced about the political implications of this judicial expansion under President Yoon's administration, particularly regarding the potential for overrepresentation of Democratic Party-affiliated justices. With a significant number of justices expected to retire soon, the new appointments could lead to a Supreme Court that reflects a specific political ideology. This prospect raises alarms about the independence of the judiciary and the systemic integrity of the legal process as South Korea navigates complex political dynamics and strives for comprehensive judicial reform.

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