Seoul: The ruling Democratic Party of Korea is advancing efforts to legislate a "special insurrection law" designed to establish a tribunal for insurrection-related crimes. Jeon Hyun-heui, chair of the party's committee overseeing responses to three special counsel investigations, announced plans to expedite the legislative process for creating an exceptional court for insurrection.
According to Yonhap News Agency, special counsels are currently examining insurrection charges linked to former President Yoon Suk Yeol's December 3 martial law decree, allegations against former first lady Kim Keon Hee, and Yoon's purported undue influence on investigations into a marine's accidental death. Kim Byung-kee, the party's floor leader, stated the necessity of a special tribunal for insurrection, with plans to introduce the bill to the Assembly's Judiciary Committee.
The proposed "special law for follow-up measures to the Dec. 3 emergency martial law and the protection of related informers" suggests establishing a special tribunal for insurrection in the Seoul Central District Court and the Seoul High Court. These courts would manage the first and second trials, respectively. Special court judges would be appointed from candidates recommended by a nine-member panel, comprising representatives from the National Assembly, the judge representative conference, and the Korean Bar Association.
The recommendation of judges by external parties has been criticized as unconstitutional. The exclusion of justices appointed by former President Yoon from the Supreme Court's final third trial is viewed as biased. The National Court Administration under the Supreme Court asserted its exclusive right to assign cases to judges, considering the involvement of the National Assembly and the Korean Bar Association in this process a violation of judicial independence.
Historically, Korea has formed special tribunals on two occasions: to investigate Japanese colonial collaborators in 1948 and to address the rigged presidential election of March 15, 1960. Unlike those revolutionary times, the current political climate does not warrant such measures. The current constitution recognizes only the military court as a special court, making the proposed tribunal constitutionally questionable.
The Democratic Party's push for a special tribunal follows the court's dismissal of a special counsel's request for the pre-trial detention of former Prime Minister Han Duck-soo on charges of abetting insurrection. Critics argue that the party's actions compromise judicial integrity and separation of powers, as the tribunal would be seen as a tool tailored to their interests.
All three special counsels were recommended by the Democratic Party and the Rebuilding Korea Party, sidelining the People Power Party. The establishment of a special tribunal raises concerns about potential bias, with the ruling party facing criticism for potentially tailoring investigations and trials to its preferences. Public opposition is expected to mount if the party continues its current trajectory.