DP passes sedition court bill in committee

Dec 04, 2025, 09:09 am

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People Power Party lawmakers protest during a Legislation and Judiciary Committee meeting at the National Assembly in Seoul on December 3, demanding speaking rights as Democratic Party chair Chu Mi-ae moves the agenda forward. / Source: Yonhap News

A bill to establish specialized sedition trial panels cleared the National Assembly’s Legislation and Judiciary Committee on December 3, driven by the Democratic Party (DP) despite strong resistance from the People Power Party (PPP).

The committee also approved legislation creating a new criminal offense for intentional distortion of the law by judges or prosecutors, along with an amendment expanding the investigative scope of the Corruption Investigation Office for High-ranking Officials (CIO).

According to political officials on the 4th, the panel voted on the bills after PPP members walked out in protest. The DP plans to bring the measures to a plenary vote later this month.

Special sedition courts mandated at first and appellate levels

Under the special act addressing the Dec. 3 emergency martial-law incident involving former president Yoon Suk-yeol, at least two dedicated sedition panels must be established each at the trial and appellate levels. The bill also introduces a system for appointing warrants judges dedicated to sedition and treason cases.

A nine-member recommendation committee—comprising the Constitutional Court president, justice minister, and representatives chosen by the judges’ association—will nominate candidates for both the specialized warrant judges and sedition panel judges. The chief justice will then make the final appointments. The committee must submit double the number of required candidates within two weeks of its formation.

Longer detention periods and limits on pardons

Although the Code of Criminal Procedure limits pretrial detention to six months, the special act allows detentions of up to one year for charges related to sedition and treason. It also restricts pardons, reinstatements, and commutations for those convicted of sedition.

New ‘law distortion’ crime and expanded espionage provisions

The committee passed a Criminal Act amendment introducing a “law distortion offense,” which applies when judges, prosecutors, or investigative officials intentionally misapply the law or grossly misjudge facts for improper purposes. Violators may face up to ten years in prison or disqualification.

The amendment also broadens the espionage statute, extending its applicability from “enemy states” to “foreign states or equivalent organizations.” Anyone who collects, leaks, or intermediates national secrets for such entities—or assists such conduct—can be prosecuted for espionage.

CIO to investigate all crimes by top judiciary and prosecutors

Another amendment expands the CIO’s investigative mandate to include all crimes committed by the chief justice, Supreme Court justices, the prosecutor general, and all judges and prosecutors, significantly strengthening oversight of top judicial and prosecutorial officials.

PPP protests, but outnumbered at every step

The PPP filed a request to form an agenda coordination panel to delay or block the bills, arguing they undermine judicial independence and weaponize criminal law. But with the DP and allied parties holding an overwhelming majority, the bills swiftly advanced. The panel’s composition—three DP members, one Rebuilding Korea Party member, and two PPP members—made further delay impossible.

The Democratic Party aims to pass the bills during the December plenary session.

#Sedition special courts #Law distortion offense #Espionage statute overhaul #DP–PPP legislative clash