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Ruling party pushes ‘three judicial reform bills’ at speed, but is there enough consensus?

Published: 04 Feb. 2026, 00:00

Han Byung-do, the floor leader of the Democratic Party, delivers a speech during a plenary session of the National Assembly on Feb. 3. [IM HYUN-DONG]

The ruling Democratic Party (DP) has declared that it will move swiftly to pass legislation that would reshape the basic framework of Korea’s judicial system. Speaking at the National Assembly on Tuesday, DP floor leader Han Byung-do said the party would “complete judicial reform within a short time frame at the level expected by the public” and would “rapidly process three major reform bills to protect fundamental rights and the rule of law.” The three bills are revisions to the Court Organization Act to increase the number of Supreme Court justices; amendments to the Constitutional Court Act to introduce constitutional appeals against court rulings; and revisions to the Criminal Act to create a new offense of judicial distortion.

The problem is that it is hard to say these bills, given their significance, enjoy sufficient social consensus. Under the ruling party’s proposal, all newly added Supreme Court justices would be appointed during President Lee Jae Myung’s term, prompting criticism that the move could pack the court with allies. The introduction of constitutional appeals has also raised concerns that it would effectively turn the Constitutional Court into a de facto “fourth instance,” allowing it to review Supreme Court rulings. The proposed offense of judicial distortion is especially controversial, as it would make judges and prosecutors subject to criminal punishment for decisions made during trials or investigations. Lee Seok-yeon, the chair of the presidential commission on national integration and a constitutional law expert, went so far as to call the idea “a truly shameful disgrace for a civilized country” when he met DP leader Jung Chung-rae last December. Taken together, these bills remain fraught with unresolved controversy, making it difficult to argue that consensus has matured enough to justify a legislative blitz.

Moreover, many of the problems the DP cites in the name of judicial reform stem from dissatisfaction with the outcomes of politically sensitive trials. Different political camps may interpret court rulings differently, but such disputes are best addressed within the existing appeals system. When a government that already controls the legislative and executive branches uses legislation to pressure the judiciary, there is a real risk of undermining the separation of powers.

Speed alone is not a virtue. Prosecutorial reform bills passed by the ruling party under a self-imposed Chuseok harvest holiday deadline last year are set to take effect in October, but confusion and controversy over overlapping investigative authority have yet to subside. Once altered, the judicial system affects the entire structure of rights protection and case handling. If the DP truly seeks to meet public expectations, it should listen carefully to criticism and concern rather than rushing to pass sweeping changes ahead of the Lunar New Year holiday.

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.