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Democratic Party’s pressure on judiciary risks undermining rule of law

Published: 09 May. 2025, 00:00

Democratic Party presidential candidate Lee Jae-myung waves to supporters outside a venue in Jeonju, North Jeolla, after a campaign event on May 7. [YONHAP]

The Democratic Party’s (DP) escalating pressure on the judiciary has reached troubling levels. On Thursday, Cho Seung-rae, chief spokesperson for the party’s central election committee, publicly urged Supreme Court Chief Justice Chief Justice Jo Hee-de to “make a decision about his position” — a thinly veiled call for resignation issued not by an individual but on behalf of the party.

Rep. Jung Cheong-rae, a DP lawmaker and head of the National Assembly’s Legislation and Judiciary Committee, went further. In a YouTube appearance, he floated the idea of appointing a special prosecutor to investigate Jo. The suggestion comes after the Supreme Court overturned a ruling in favor of DP presidential candidate Lee Jae-myung, sending the case back to the Seoul High Court with instructions consistent with a guilty verdict.

That ruling has triggered an all-out campaign. On May 7, despite opposition from People Power Party lawmakers, the DP pushed plans through the Legislation and Judiciary Committee to hold a parliamentary hearing on what it calls “judicial election interference.” Scheduled for May 14, the hearing would summon all 12 Supreme Court justices as witnesses — a move unprecedented in Korea’s constitutional history.

The party has also pressured the National Election Commission, another independent constitutional body, demanding it take a position on what the party characterizes as a “judicial coup.”

Such actions challenge the principle of judicial independence, a core component of Korea’s constitutional democracy. Article 103 of the Constitution explicitly states that “judges shall rule independently according to their conscience and in conformity with the Constitution and laws.” To imply criminal intent or political conspiracy simply because a ruling is politically inconvenient undermines not only individual judges but the very foundation of democratic governance.

Rep. Jung Cheong-rae, a Democratic Party lawmaker and head of the National Assembly’s Legislation and Judiciary Committee. [JOINT PRESS CORPS]

To be sure, the judiciary is not without fault. The lengthy delay in Lee’s initial trial — two years and two months, far beyond the statutory deadlines of six months for trial courts and three months for appeals and Supreme Court decisions — has raised suspicions about political intent behind the Supreme Court’s expedited ruling.

Even so, turning a legal disagreement into a full-blown political offensive threatens to blur the separation of powers. With the presidential election less than three weeks away, political urgency must not be allowed to drag the judiciary into partisan conflict.

The Supreme Court in Seocho District, southern Seoul [YONHAP]

Nine former presidents of the Korean Bar Association issued a joint statement Thursday urging an end to attacks on the courts, calling the special prosecutor proposal and parliamentary summons a threat to judicial independence. The DP would do well to heed that warning. Overreach today may return as public backlash tomorrow.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.