Feb 26 • 09:44 UTC 🇰🇷 Korea Hankyoreh (KR)

‘Crime of Distortion of Law’: Judges Warn Possible Punishments for Yang Seung-tae and Concerns Over Avoiding Criminal Trials

Judges express concerns over the vagueness of proposed legislation targeting judicial misconduct, highlighting potential deterrents to protecting social minorities and clarifying legal interpretations.

The proposed 'Crime of Distortion of Law' legislation, amended just before its parliamentary vote by the ruling Democratic Party in South Korea, has raised significant concerns among legal professionals about its vague definitions and potential unconstitutionality. The law aims to penalize judges and prosecutors who apply laws incorrectly or manipulate evidence, carrying penalties of up to ten years in prison or disqualification from public office. However, judges worry this could stifle progressive rulings meant to protect vulnerable groups, as it opens avenues for investigating any decisions that diverge from Supreme Court precedents. Despite the Democratic Party's attempts to clarify the law by restricting its application to criminal trials and ensuring that only intentional distortions would be prosecuted, many judges assert that ambiguous terms still abound. Concerns were voiced by a chief judge in the Seoul metropolitan area, who described the terms 'reasonable discretion' and 'rational limits' as too vague and lacking clear standards for interpretation. This ambiguity could lead to excessive scrutiny of trials and investigations, deterring judges from making decisions that might favor social justice due to fears of potential punishment. Moreover, critics within the judiciary have raised alarms about the implications of criminalizing the discretion judges exercise in interpreting laws. Legal interpretation often requires balancing individual rights with the Constitution; if such interpretations are deemed incorrect, judges could face prosecutorial actions under the new law. A deputy chief judge emphasized that a strict application of legal text could undermine protections for individuals who may otherwise be wrongly convicted, calling attention to the delicate interplay between maintaining judicial independence and upholding legal accountability.

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