Feb 28 β€’ 00:28 UTC πŸ‡°πŸ‡· Korea Hankyoreh (KR)

Understanding the Misconceptions of 'Distortion of Law' as a Milestone to Overcome 'Court's Chronic Unconstitutionality'

The South Korean National Assembly has passed a new law on 'distortion of law', imposing penalties on judges and prosecutors who intentionally distort legal applications, marking a significant reform in the judiciary.

On the 26th, the South Korean National Assembly approved the controversial 'distortion of law' law, which punishes judges and prosecutors for intentionally distorting the law when the conditions for legal application are not met, or when legitimate evidence does not exist. This law comes amid heated public debate and aims to reduce the possibility of constitutional challenges related to legal interpretations, representing a pivotal moment in South Korea's judicial history. The introduction of penalties for legal distortions marks a shift towards accountability within the judiciary, previously seen as immune from adverse legal scrutiny.

The changes are particularly significant given the backdrop of rampant legal misconduct observed after the 12/3 insurrection, where judiciary leaders engaged in actions undermining legal process. High-profile cases involving judges like Jo Hee-dae and several others have demonstrated flagrant disregard for legal standards, such as releasing influential suspects on dubious grounds and manipulating legal proceedings to influence election outcomes. These incidents are framed by critics as undermining the credibility of South Korea's judiciary, prompting civil society to demand reform and accountability.

The new law addresses deeply embedded concerns regarding judicial privilege that some judges and prosecutors have historically enjoyed, which allowed them to escape repercussions for misconduct. Furthermore, public sentiment has been increasingly frustrated with perceived abuses of power within the judicial system. As the law is set to be enacted, it poses not only a legal shift but also a potential cultural change towards greater transparency and integrity in South Korea's legal system, ultimately aiming to restore public trust in the judiciary over time.

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