Judiciary opposes 'special insurrection tribunal,' citing judicial independence

The ruling Democratic Party of Korea is pushing ahead with its efforts to enact a "special insurrection law" that would set up a special tribunal for the crime.

Jeon Hyun-heui, chair of the party's committee for responses to three special counsel investigations, said Sunday that she would expedite the process of legislating the establishment of the exceptional court for insurrection.

Special counsels are currently investigating insurrection charges related to former President Yoon Suk Yeol's Dec. 3 martial law decree, allegations against former first lady Kim Keon Hee, and Yoon's alleged undue influence on investigations into a marine's accidental death.

Kim Byung-kee, floor leader of the party, said Tuesday that a special tribunal for insurrection was needed. The party is rumored to be planning to introduce the bill to the Assembly's Judiciary Committee on Thursday.

Under the "special law for follow-up measures to the Dec. 3 emergency martial law and the protection of related informers," alias the special insurrection law, which was proposed in July, a special tribunal for insurrection will be established in the Seoul Central District Court and the Seoul High Court, which will take charge of first and second trials, respectively.

Special court judges will be appointed from candidates recommended by a panel of nine recommenders, three of them chosen by each of the National Assembly, the judge representative conference and the Korean Bar Association. In case of the Assembly, the Speaker selects recommenders after hearing opinions from the Democratic Party and the Rebuilding Korea Party, but not from the main opposition People Power Party. The Rebuilding Korea Party is a minor party once led by Cho Kuk, whom President Lee Jae Myung pardoned last month.

The very recommendation of judges by outsiders is unconstitutional. On top of that, the clause that excludes justices appointed by former President Yoon from the final third trial when insurrection cases are appealed to the Supreme Court is biased and partisan.

The National Court Administration under the Supreme Court said that the court has the exclusive right to assign cases to judges and that it would violate judicial independence for the National Assembly and the Korean Bar Association to become involved in assigning judges to a certain case. It is absolutely right.

Organizing a special tribunal for insurrection is as good as politicians and lawyers picking judges to their taste. This would not only seriously violate judicial independence, but also trample down the separation of the three powers.

In Korean history, a special tribunal was formed on two occasions — one formed under a special committee to investigate collaborators with Japanese colonial rulers in 1948, three years after liberation, and the other set up to try those involved in the rigged presidential election held on March 15, 1960.

The political situation of today is not as revolutionary as those days. The special courts were based on the constitution of the time. The current constitution acknowledges only the military court as a special court. Yet Jung Chung-rae, leader of the Democratic Party, said on Monday that the current situation is similar to the era of the post-liberation special committee to probe colonial collaborators. This is a far-fetched view.

The Democratic Party's legislation drive for the setup of special tribunal was triggered by the court's dismissal of the special counsel's request for pre-trial detention of former Prime Minister Han Duck-soo on charges of abetting resurrection. The party is trying to meddle in the judicial system simply because the court did not make a decision it wanted. This is an arrogant response.

All three special counsels were recommended by the Democratic Party and the Rebuilding Korea Party, with the People Power Party sidelined. If the special tribunal is established, the ruling party will come under fire for tailoring both investigation and trial to its liking. There are also loud voices of concern that the special tribunal brings up the image of the people's court. If the party acts obstinately as it pleases, it will face a strong headwind from the public.


khnews@heraldcorp.com