The ruling Democratic Party of Korea will take steps to address growing concerns over the constitutionality of its proposed bill to establish a special tribunal for insurrection before the extraordinary session of the National Assembly, the party’s secretary-general said Sunday.
“It is true that even among those who support the need for the special court, there are concerns about potential constitutional issues,” Democratic Party Secretary-General Rep. Jo Seoung-lae said at a press briefing at the party’s headquarters in Seoul.
He added that the party would “thoroughly review the matter” until the bill is put to a vote, and would consider ways to eliminate such concerns and make necessary revisions.
“The special tribunal is being proposed to ensure that trials related to insurrection are conducted thoroughly, swiftly and fundamentally,” Jo said. "This review aims to dispel concerns that the tribunal might, in fact, prevent such outcomes."
The presidential office later agreed, with the president's political affairs secretary saying the party and the presidential office share the same views.
"I think there is a consensus (between the party and the presidential office) that the special tribunal should be pushed forward in a scope that minimizes the possibility of violating the Constitution," Woo Sang-ho, senior secretary to the president for political affairs, said.
He added that as far as he is aware, the Democratic Party is in the process of reflecting and moderating differences in the party, and that the presidential office will "respect the party's internal discussions."
There is growing speculation in political circles that the Democratic Party may push through its broader judicial reform package — which includes the special court bill — during the National Assembly's December session, slated to open Wednesday.
The bill has been advanced by the National Assembly’s Democratic Party-led Legislation and Judiciary Committee. However, it has faced criticism from opposition parties and legal experts, who argue that establishing a designated insurrection tribunal could violate the principle of random case assignment and undermine judicial independence, raising constitutional concerns.
Following a conference Friday, the heads of South Korea’s courts issued a statement opposing both the special court bill and a separate bill that would allow for penalizing judges and prosecutors who misapply the law.
“The new bill is unconstitutional because it damages the neutrality of the courts and the trust people place in them — ultimately infringing on their right to a fair trial,” the top judges said in their statement.
Despite these concerns and the party’s awareness of criticism, Jo stressed that the Democratic Party remains firmly committed to the bill.
“We will move forward without delay in introducing the special court, in response to public demands to fundamentally and swiftly remove insurrectionist forces,” he said. He also noted that the party is considering establishing an additional special counsel and urged the judiciary to meet public expectations.
The bill, however, is also raising concerns among liberal opposition parties.
“If concerns are being raised within the Democratic Party itself, and warnings are coming from various sectors of society, then the party leadership must thoroughly examine and reflect on the matter," commented Rep. Seo Wang-jin, floor leader of the Rebuilding Korea Party.
Seo added that while his party agrees in principle on the need for a special tribunal, the current approach risks triggering constitutional controversy and potentially halting ongoing trials.
The Rebuilding Korea Party is a minor opposition party led by Cho Kuk, a former justice minister who spearheaded judicial reforms during the Moon Jae-in administration.
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