Seoul, March 12 (NationPress) A new series of judicial reform laws were officially enacted on Thursday, enabling constitutional appeals against rulings made by South Korea's Supreme Court, instituting penalties for judges who deliberately distort legal principles, and facilitating an expansion of the Supreme Court's bench. This reform represents the first significant revision of the judiciary system since the constitutional amendment of 1987.

The National Assembly, dominated by the ruling Democratic Party, approved these legislative measures last month, pushing for judicial reform in the face of substantial opposition from the main opposition, the People Power Party, and the judiciary itself, which argued that these changes could jeopardize judicial independence.

The new laws regarding constitutional appeals and penalties for “legal distortion” are effective immediately, while the increase in the number of Supreme Court justices will be executed gradually, starting in 2028.

According to the amended Constitutional Court Act, individuals may now file constitutional complaints regarding finalized rulings if they are believed to contradict Constitutional Court decisions, fail to adhere to due process, or violate fundamental rights through clear constitutional infractions. These complaints must be submitted within 30 days following a final ruling.

If the Constitutional Court finds a court ruling to be unconstitutional, the case must be re-evaluated. There have been criticisms that such legislation undermines the country's three-instance trial system; however, the Constitutional Court asserts that it facilitates constitutional review.

The court has already received its first petition from a Syrian national challenging a court's dismissal of a request to annul a deportation order issued by immigration authorities. Further details have not been disclosed. By 9 a.m. on the same day, three other complaints had been lodged, including one seeking state compensation for a delayed court ruling regarding damages to a late South Korean fisherman who was abducted by North Korea. The family of the deceased fisherman had previously brought the case to court, which ruled unfavorably for the plaintiff. A civic group advocating for such fishermen has submitted a complaint asking for constitutional review of the finalized ruling.

Regarding the offense termed “legal distortion,” judges presiding over criminal cases, prosecutors, or those involved in investigations could face up to 10 years in prison if they intentionally distort legal principles to harm others. The ruling party believes this legislation will deter judges or prosecutors from attempting to influence the outcomes of rulings or investigations.

The judiciary has expressed concerns regarding the newly established offense, suggesting that it may compel judges to adhere strictly to precedent out of fear of punishment, potentially hindering rulings that reflect contemporary societal values, as reported by Yonhap news agency.

Under the revised Court Organization Act, the number of Supreme Court justices will increase from the current 14 to 26 over a three-year period starting in March 2028. While the reform aims to alleviate a backlog of cases at the Supreme Court, it raises concerns about whether a larger court could hinder effective internal deliberation.

A two-day closed-door meeting involving heads of courts nationwide is scheduled to commence later today to deliberate on the reform measures. Supreme Court Chief Justice Cho Hee-dae, who has indicated that the reforms could result in “great harm” to the public, is expected to participate in the discussions.