Passing of the Law Against Distortion of Law..."Due to Strong Supporters, Deliberation Was Not Properly Conducted"
The South Korean National Assembly passed a bill criminalizing intentional legal distortion by judges and prosecutors, amidst concerns over the rushed legislative process.
On October 26, 2023, the South Korean National Assembly passed a bill that introduces the crime of law distortion, allowing for the punishment of judges and prosecutors who intentionally misapply the law. The vote, led by the ruling Democratic Party, saw 163 in favor, 3 against, and 4 abstentions. The core provisions stipulate that if legal representatives knowingly distort the application of the law or evidence in criminal cases, they could face up to 10 years in prison. This move has sparked significant controversy, primarily due to accusations that the ruling party acted under pressure from its strong supporter base rather than engaging in sufficient deliberation.
Before the vote, the Democratic Party made last-minute amendments to the bill, addressing concerns raised about its constitutionality and vagueness. In the lead-up to the legislative session, there were criticisms surrounding the bill's abstract language. While certain criticisms were assessed and led to amendments, the final vote proceeded without the participation of opposition members from the People Power Party (PPP), further raising questions about the democratic process. The troubling trend of altering legislation during the voting stages was evident, with past instances involving other controversial bills reflecting the ruling party's tactics, showcasing a recurring theme of urgency and insufficient consultation.
The passage of the law against legal distortion has its roots in the Democratic Party's increasing pressure on the judicial system, particularly surrounding the former Chief Justice's resignation. Since last year, these legislative maneuvers highlight a broader struggle within the government and judiciary, with implications for legal standards and ethical governance in South Korea. Critics argue that such laws could lead to politicization of the judiciary and undermine judicial independence, raising concerns about the transparency and integrity of legal proceedings in the country.