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A 'distortion' law vulnerable to distortion

Published: 04 Dec. 2025, 00:02

Kim Seung-hyun

The author is an editorial writer at the JoongAng Ilbo.

The Democratic Party (DP) is on the verge of inscribing a new and unprecedented term into Korea’s Criminal Act. If its proposed “law distortion offense” passes the National Assembly, the word “distortion” will appear for the first time in the nation’s criminal code. None of the 372 provisions in the current Criminal Act contains the term, nor does any offense end with “distortion.” The few existing references appear only in special laws, such as the special act on investigating the truth of the May 18 Democratization Movement.

Kim Yong-min, chair of the Legislation and Judiciary Committee’s subcommittee, strikes the gavel during a meeting at the National Assembly on Dec. 1. The ruling Democratic Party plans to pass the newly endorsed bill on “legal distortion” and a special bill to create a tribunal for insurrection cases at the committee’s full session on Dec. 3 and at the plenary session on Dec. 4. [LIM HYUN-DONG]

There is a reason the commonplace idea of distortion rarely appears in legal texts. The dictionary definition — interpreting facts incorrectly or presenting them in a false manner — is itself vague. The moment the word is used in a statute, the risk of distortion emerges. Its scope and forms are difficult to define clearly.

The bill that cleared the Legislation and Judiciary Committee would make prosecutors and judges criminally liable if they distort the law or reach a “manifestly erroneous” judgment of fact for unjust purposes. During the review, the legal community and opposition parties strongly objected. The Ministry of Justice and the National Court Administration said the acts subject to punishment were too abstract. Phrases such as “intentionally misapplying the law,” “condoning a criminal act” or “grossly abusing prosecutorial authority” cannot meet the constitutional requirement of clarity. The judiciary also noted that distinguishing between legitimate judicial discretion and distortion would not be simple.

The opposition’s criticism was sharper. People Power Party (PPP) Representative Kwak Kyu-taek argued that the bill was not about distortion at all, but rather a “law to tighten the noose on judges and prosecutors.” If misconduct can already be punished under existing statutes for abuse of power or dereliction of duty, he asked, why create a new offense unless the motive was political? Representative Na Kyung-won said the legislation was a signal to judges and prosecutors to follow the administration’s instructions, declaring that the rule of law in Korea had come to an end.

Whether fortunate or not, the DP has been unusually candid about its intentions. Representative Kim Yong-min has singled out Judge Ji Gui-yeon — who had previously canceled an arrest warrant for former president Yoon Suk Yeol — as the typical case he had in mind when drafting the bill. Kim said calculating the detention review period down to the hour was “a representative example of distortion.” He added that if Judge Ji were to acquit Yoon in the first trial or release him on “absurd logic,” the new law would allow prosecutors to punish him.

Another DP lawmaker and former chief prosecutor, Representative Park Kyoon-taek, argued that Judge Ji’s actions could not be punished under the existing charge of abuse of power because he had acted alone. The new offense, he said, was needed to address this “bizarre conduct.” This is how the law earned nicknames such as the “Yoon Suk Yeol release law” or “Ji Gui-yeon punishment law.”

Last September, the proposed offense was described differently — this time as the “Lee Jae Myung investigation law.” Back then, prosecutors were the target. The bill gained attention around the time prosecutors sought a two-year prison sentence for Lee, then leader of the DP, over a violation of the Public Official Election Act. The New Reform Party argued in a commentary that the bill was political retribution meant to shield Lee. “The law distortion offense is the Lee Jae Myung investigation law,” it said.

Some European countries, including Germany, have similar provisions. Germany introduced its version in the 1870s under the German Empire as a mechanism to ensure judicial independence and prevent abuse of judicial authority. It was later used to punish Nazi-era judges and to revisit ideologically motivated rulings from former East German courts. While the offense has had some utility in addressing deliberate abuses of discretion for political ends, it has also drawn criticism. A 2022 report by the Korean Institute of Criminology and Justice warned that the offense could be misused as a tool for political control rather than a means to hold judicial collaborators accountable.

For those who believe that the architects of last year’s martial law crisis must be punished without delay, the law distortion offense may seem like an effective catalyst. Yet the term itself carries a grave risk. Political power changes, often abruptly. The lawmakers who pass this bill today may find themselves accused under it within a decade.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.