Feb 25 • 01:27 UTC 🇰🇷 Korea Hankyoreh (KR)

Cho Kuk: 'The Clause on Intentional Misapplication of Laws in Distortion of Law Should be Amended'

Cho Kuk, leader of the Justice Party, expressed concerns about a clause in the proposed amendment regarding the distortion of law and suggested it should be amended or deleted before being presented to the National Assembly.

Cho Kuk, the leader of the Justice Party, spoke out on the planned amendment to the distortion of law crime during a session expected to take place on the 25th. He emphasized that among the provisions that passed the Legal Affairs Committee, the clause stating that 'intentionally misapplying the law to favor or disadvantage any party' must be amended or removed prior to the National Assembly's consideration. Cho supports the establishment of the distortion of law crime but raised concerns about the implications of this specific clause,

arguing that retaining it could lead to lower courts being pressured to conform to Supreme Court precedents. He pointed out that if a judge issues a ruling that challenges existing precedents, there is a risk of accusations and investigations against them based on this clause. Cho suggested that the first requirement could create a chilling effect on judicial independence, which could undermine fair trial rights and lead to potential abuses of the legal system.

He reaffirmed his support for the new distortion of law crime and expressed hope for the bill's refinement, similar to how unconstitutional elements were removed from a past law proposal relating to a special court for insurrection cases. Cho aims for the current bill to address the concerns raised and be thoroughly refined before moving forward.

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