On the very first day of the implementation of the so-called "Three Judicial Reform Acts"—which include the introduction of the "Law Distortion" crime, the "Constitutional Complaint against Judicial Decisions" system, and an increase in the number of Supreme Court Justices—Chief Justice Cho Hee-dae has become the primary target of a criminal complaint.
Attorney Lee Byeong-cheol announced on March 12 that he had filed a formal complaint with the police against Chief Justice Cho and Supreme Court Justice Park Young-jae (formerly the Minister of Court Administration), seeking their punishment under the newly enacted Law Distortion Act.
Allegations of Procedural Negligence
The core of the complaint centers on the Supreme Court's decision in May 2025 regarding President Lee Jae-myung’s alleged violation of the Public Official Election Act. At that time, the Supreme Court overturned a lower court's "not guilty" verdict and remanded the case to the Seoul High Court with instructions suggesting a guilty ruling.
Attorney Lee claims that Chief Justice Cho intentionally distorted the Criminal Procedure Act during this process. Specifically, Lee argued in his complaint that:
"The judges involved in the criminal trial, with the intent to harm the rights and interests of others, knowingly failed to apply the principle of written proceedings (document-based review)."
Controversy Over "9-Day Review"
The timeline of the 2025 ruling remains a point of intense debate. The Supreme Court received the case on March 28 and issued its ruling to overturn the acquittal just 34 days later, on May 1.
Critics, primarily from political circles, argued that it was physically impossible for the justices to conduct a thorough written review of the trial records—which totaled approximately 70,000 pages—in the mere nine days they had before the decision was finalized. Justice Park Young-jae was the presiding justice in charge of the case before it was referred to the En Banc (full) bench of the Supreme Court.
In response to these allegations, the Supreme Court has maintained that as a "court of law" (rather than a court of fact), it conducted a faithful and sufficient review of the legal records within the established procedures.
The Impact of the "Three Judicial Reform Acts"
The filing of this complaint marks a significant turning point in South Korea's legal history. The Law Distortion Act is designed to penalize judges or prosecutors who intentionally apply the law unfairly to benefit or harm a specific party.
While proponents argue the law is a necessary check on judicial overreach, critics express concern that it may be weaponized for political purposes, as seen in this immediate targeting of the Chief Justice.
Prior to this formal police report, Attorney Lee had reportedly submitted a similar complaint through the "e-People" (Kukmin Sinmungo) petition platform on March 2. As the police begin their review of the case, the legal community is closely watching how the first application of the Law Distortion Act will impact judicial independence and the authority of the nation's highest court.
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