South Korean judges face complaints under new 'distortion' law

March 16 (Asia Today) -- South Korea's judiciary is facing a series of criminal complaints under a newly implemented offense known as "distortion of justice," raising concerns among legal experts about possible political pressure on courts.

The complaints include one filed against Supreme Court Chief Justice Cho Hee-dae and others targeting lower court judges following rulings that some litigants have challenged.

The law took effect Wednesday and quickly drew attention when attorney Lee Byung-chul filed a complaint against Cho and Supreme Court Justice Park Young-jae.

Lee argued that the justices intentionally distorted the law during the Supreme Court's decision last year to overturn and remand a case involving President Lee Jae-myung's alleged violation of the Public Official Election Act.

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Police said the case involving the chief justice has been transferred to the Seoul Metropolitan Police Agency's Metropolitan Investigation Unit for legal review.

Separate complaints have also been filed against lower court judges.

Presiding Judge Kim Sang-yeon, who issued a partial acquittal in a case involving former Edison Motors Chairman Kang Young-kwon and allegations related to SsangYong Motor, has been accused by shareholders of issuing what they describe as contradictory rulings.

Other officials named in complaints include Presiding Judge Ji Gwi-yeon, who canceled the detention of former President Yoon Suk Yeol, and former Prosecutor General Shim Woo-jung, who decided not to pursue an immediate appeal in that case.

Presiding Judge Woo In-sung, who issued a partial acquittal in the trial of first lady Kim Keon Hee, has also been mentioned in connection with potential complaints.

Despite the growing number of accusations, many legal experts say the likelihood of criminal punishment is low because prosecutors would need to prove deliberate intent by judges to distort the law.

Cha Jin-ah, a professor at Korea University Law School, said judges often interpret legal principles differently and that proving criminal intent would require clear evidence such as improper personal relationships or bribery.

She also noted that under the principle of non-retroactivity in criminal law, actions that occurred before the law took effect cannot be punished under the new statute.

As a result, many legal scholars expect the complaints to be dismissed.

However, some experts warn that the law could encourage politically motivated complaints that place pressure on judges and prosecutors.

Critics say repeated criminal accusations against judicial officials could undermine the independence of courts and contribute to the politicization of the legal system.

Legal scholars say the law could also lead to a surge of complaints throughout the criminal justice process, including investigations, indictments and trials.

"If every party that loses a case files criminal complaints, public officials could become reluctant to make independent judgments," Cha said.

-- Reported by Asia Today; translated by UPI

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Original Korean report: https://www.asiatoday.co.kr/kn/view.php?key=20260317010004749