South Korea Enacts Landmark Judicial Reforms, Allowing Appeals of Top Court Rulings

The reforms marked the first major overhaul of the current judiciary system since a constitutional amendment in 1987.

The National Assembly, controlled by the ruling Democratic Party, passed the bills last month in a push for judiciary reform despite strong objections from the main opposition People Power Party and the judiciary, which argued they could undermine its independence.

The laws on constitutional appeals and punishment for the offense of "legal distortion" will take effect immediately, while the increase to the number of Supreme Court justices will gradually take place starting 2028.

Under the amended Constitutional Court Act, individuals can now file constitutional complaints against finalised rulings if they are deemed to be against Constitutional Court decisions, have not followed due process or infringed fundamental rights with clear constitutional violations.

The complaints have to be made within 30 days of a final ruling.

If the Constitutional Court determines a court ruling is in violation of the Constitution, the case has to be reviewed again.

The legislation has faced criticism that it would be against the country's three-instance trial structure, but the Constitutional Court has maintained that it would be making constitutional review.

The court said it received its first such petition from a Syrian national taking issue with a court dismissal of a request to cancel a deportation order from immigration authorities. It declined to offer further details.

It had received three other complaints as of 9 a.m., including a case that sought state compensation for a delayed court ruling for damages to a late South Korean fisherman who was kidnapped by North Korea.

The late fisherman's family earlier took the case to court, which ultimately ruled against the plaintiff.

A civic group representing such fishermen submitted the complaint, asking to review whether the finalised ruling violated the Constitution.

On the offense of "legal distortion," judges overseeing criminal cases, prosecutors or those involved in investigations can be punished with up to 10 years in prison if they distort legal principles with the intent of harming others.

The ruling bloc believes the legislation will prevent judges or prosecutors from taking steps to influence the results of rulings or investigations.

The judiciary has voiced opposition to the newly established offense, arguing that it could induce judges to simply follow precedent out of fear of punishment and prevent rulings that would reflect the times, Yonhap news agency reported.

Under the revised Court Organization Act, the number of Supreme Court justices will increase from the current 14 to 26 over three years starting from March 2028.

While the reform is intended to address a backlog of cases at the top court, it has raised questions about whether the expanded court could make internal deliberation less effective.

A two-day closed-door meeting of the heads of courts nationwide is scheduled to begin later Thursday to discuss the reform measures.

Supreme Court Chief Justice Cho Hee-dae, who has said the reforms could cause "great harm" to the public, is expected to attend the session.

- IANS