Feb 26 • 14:26 UTC 🇰🇷 Korea Hankyoreh (KR)

[Editorial] The Last-Minute Amendment of the Misapplication of Law Crime, Legislative Completeness of Reform Process Must Be Enhanced

The South Korean National Assembly passed a bill establishing a crime for the misapplication of law after last-minute amendments were made to address concerns from civil society and political circles.

On the 26th, the South Korean National Assembly passed a bill establishing a new crime for misapplication of law amidst considerable last-minute amendments driven by requests from civil society. Unlike other judicial reform laws, such as those for appealing judgments and increasing the number of Supreme Court justices, this proposed law faced significant criticisms leading up to its passage. The need for amendments arose when concerns were raised that the law could suppress lower court judges' autonomy in making rulings, as certain clauses were perceived to be overly vague or potentially punitive against judges diverging from Supreme Court precedents.

The bill was originally drafted by the National Assembly's Legislation and Judiciary Committee last December, but as the final vote approached, more voices from both civil society and the political realm called for further revisions. Specifically, critics pointed out issues in its definitions and potential overreach in punishing judges for their interpretations of law. In response to these criticisms, the ruling Democratic Party revised the original proposals just a day before the bill's official vote, making alterations to contentious clauses to clarify their intents and reduce ambiguity, reflecting an urgency to ensure that legal standards are appropriately framed.

The establishment of the crime for misapplication of law is seen as a crucial component of the broader judicial reform agenda aimed at enhancing legal safeguards against judicial misconduct. However, the timing and nature of the last-minute changes indicate a troubling trend of insufficient deliberation in legislative processes. While judicial reforms have garnered substantial public support, there remains significant backlash from within the judiciary itself, raising questions about the balance between reform and judicial independence, as well as the overall legislative integrity that ensures comprehensive public discourse and careful review of such impactful laws.

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