A chart outlines key legislative proposals promoted by South Korea’s ruling Democratic Party, including expanding the Supreme Court, abolishing the prosecutor’s office and revising criminal statutes. Graphic by Asia Today and translated by UPI
March 4 (Asia Today) — A series of legislative proposals by South Korea’s ruling Democratic Party has sparked debate over judicial independence, as critics argue the measures could affect ongoing criminal cases involving President Lee Jae-myung.
The legislation includes proposals to expand the Supreme Court, introduce constitutional review of court rulings and abolish the crime of breach of trust. Legal experts say the bills, combined with calls to drop certain prosecutions, raise concerns that lawmakers could influence judicial proceedings.
Five criminal cases involving Lee are currently paused while he serves as president. As the National Assembly moves forward with legal revisions, some members of the legal community warn the changes could intersect with those trials.
National Assembly inquiry targets prosecution investigations
According to political sources, the Democratic Party has launched a parliamentary committee seeking a national investigation into what it calls politically motivated prosecutions under the previous administration.
The committee plans to examine several high-profile cases involving political figures, including the Daejang-dong development case and allegations involving transfers of funds to North Korea.
Party officials have also urged prosecutors to withdraw indictments in cases involving Lee.
The move has prompted criticism from legal observers who say the National Assembly should not interfere in criminal proceedings.
Judicial reform bills move quickly through parliament
The Democratic Party has advanced three major judicial reform bills in recent weeks.
The legislation would expand the number of Supreme Court justices from 14 to 26, allow the Constitutional Court to review final court rulings through a judicial complaint system and introduce a new criminal offense for officials who deliberately misapply the law in judicial decisions or investigations.
Supporters say the reforms are aimed at addressing structural issues within the judiciary.
However, some legal analysts say the proposals could alter the balance of power within the court system and influence the legal environment surrounding ongoing cases.
Breach of trust law could affect corruption cases
Another proposal under discussion involves abolishing the criminal offense of breach of trust, which has been used in several major corruption investigations.
If the law were repealed, legal experts say it could affect cases related to development projects in Daejang-dong and Baekhyeon-dong as well as allegations involving misuse of a provincial government corporate credit card.
Under South Korean law, when a criminal statute is repealed after an alleged offense, courts may dismiss charges related to that statute.
Concerns raised over separation of powers
Some lawyers say the pace and scope of the legislative initiatives raise broader concerns about the balance between the legislative and judicial branches.
“The outcome of trials should be determined in court,” one attorney who previously served as a senior prosecutor said. “If lawmakers change laws in ways that directly affect ongoing cases, it raises questions about the separation of powers.”
Supporters of the legislation argue the reforms are necessary to improve accountability within the justice system.
Debate over the proposals is expected to continue as the National Assembly reviews the measures during the current parliamentary session.
— Reported by Asia Today; translated by UPI
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Original Korean report: https://www.asiatoday.co.kr/kn/view.php?key=20260305010001168