Mar 4 • 01:47 UTC 🇰🇷 Korea Hankyoreh (KR)

Former Presidents of Lawyer Organizations Demand President's Veto on Unconstitutional Judicial Laws

Former leaders of lawyer organizations in South Korea are urging President Yoon Suk-yeol to exercise his veto power against newly passed judicial laws that they claim undermine constitutional order.

Former presidents of several lawyer organizations, including those from the Korean Bar Association, issued a statement demanding President Yoon Suk-yeol to exercise his veto over three judicial laws recently passed by the National Assembly under the Democratic Party's leadership. They argue that these laws, concerning legal distortions, the right to judicial review, and increasing the number of Supreme Court justices, are attempts to alter the foundational structure of power in South Korea without sufficient social consensus and constitutional examination. They labeled this legislative push as legislative overreach and called for immediate presidential intervention to stop it.

In relation to the right to judicial review, the former presidents criticized the proposed system that would allow for a fourth level of appeal as a means for powerful individuals to overturn Supreme Court decisions at will, while ordinary citizens would bear the brunt of delays in the judicial process. They assert that the implementation of this fourth level would effectively bypass the constitutional framework, posing clear unconstitutional implications. They further argue that this system would not provide genuine legal relief for the average citizen but would merely increase costs and inefficiencies, serving as a tool for the powerful to prolong judicial outcomes.

Additionally, they condemned the introduction of the crime of legal distortion as dangerous legislation that undermines the principle of clarity in criminal law. They emphasized that without clear criteria for what constitutes a 'distortion', the laws could lead to politically motivated prosecutions and serve as intimidation against independent judicial decision-making. They particularly highlighted that in cases with limited evidence, like sexual assault and child abuse, the introduction of such laws could create a 'risk of punishment' that distorts justice rather than protecting the rights of the vulnerable.

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