🚨 Judges' Representative Council: The Role of the Judicial Branch's Self-Governing Body

Today's Korean Social News | 2025.05.21

📌 Judges' Representative Council to Discuss Response to "Special Prosecutor Investigation and Impeachment" Amid Judicial Independence Controversy

💬 Ahead of the emergency meeting of the National Judges' Representative Council scheduled for May 26, some district court judges have proposed an agenda item stating that "special prosecutor investigations, impeachment, and hearing procedures against judges infringe on judicial power." This response comes amid intensifying criticism from politicians following the Lee Jae-myung case. Additionally, concerns that representatives are not sufficiently reflecting the opinions of their constituent judges have led to the submission of a proposal to improve representation procedures. The upcoming meeting is expected to focus on discussions about judicial independence and the council's operational methods.

Summary

• The Judges' Representative Council is a self-governing body where representatives elected by judges nationwide gather to discuss internal judiciary matters.
• It ensures the independence and autonomy of the judicial branch and reflects judges' opinions in judicial administration.
• Its role in protecting judicial independence has gained attention amid recent conflicts between politicians and the judiciary.

1️⃣ Definition

The Judges' Representative Council is a self-governing body where representatives elected by judges from courts across the country gather to discuss and decide on major issues and institutional improvements within the judiciary. Simply put, it functions like a "parliament" for judges.

This institution aims to ensure the independence and autonomy of the judicial branch and reflect judges' opinions in judicial administration.

💡 Why is it important?

• It ensures the independence and autonomy of the judicial branch.
• It gathers and reflects diverse opinions from judges.
• It enhances the democracy and transparency of judicial administration.
• It drives internal reform and institutional improvement within the judiciary.

2️⃣ Structure and Operation of the Judges' Representative Council

📕 Composition and Role

• The Judges' Representative Council consists of representatives from courts nationwide. Its main composition is as follows:

  • It consists of approximately 120 judge representatives elected from various courts across the country (Supreme Court, High Courts, District Courts, Family Courts, Administrative Courts, Patent Court, etc.).
  • Representatives are allocated according to court size and are elected through voting.
  • Representatives serve a two-year term and may be reelected.
  • Officials such as a chairperson, vice-chairperson, and steering committee members operate the council.

• The Judges' Representative Council performs various roles. Its main roles are as follows:

  • Gathering opinions and making decisions on major issues and policies within the judiciary
  • Proposing improvements to judicial administration systems such as judge personnel, evaluation, and education
  • Protecting judicial independence and judges' rights
  • Proposing improvements to the trial system and judicial services
  • Checking and monitoring judicial administrative bodies such as the National Court Administration

📕 Operation Method and Decision-Making

• The Judges' Representative Council operates through regular and special meetings. Its main operation methods are as follows:

  • Regular meetings are held twice a year (first and second half).
  • Special meetings can be convened at the request of the Chief Justice, the chairperson, or a certain number of representatives.
  • Meetings are open to the public in principle but may be held behind closed doors when necessary.
  • Meeting results are recorded and made public.

• Decision-making follows democratic procedures. The main decision-making methods are as follows:

  • Agenda items can be submitted by the Chief Justice, the head of the National Court Administration, the chairperson, or a certain number of representatives.
  • Important matters are decided through voting by representatives.
  • Votes are passed with a majority of registered representatives present and a majority of those present voting in favor.
  • Particularly important matters may require approval from two-thirds of registered representatives.
  • Resolved matters are delivered to the Chief Justice and the National Court Administration to be reflected in policies.

Key Issues with the Judges' Representative Council

1. Representation Issues: Questions about whether representatives sufficiently gather and reflect the opinions of their constituent judges
2. Practical Influence: Questions about how much council decisions are actually reflected in judicial administration
3. Political Neutrality: Concerns that expressing positions on politically sensitive issues may harm the political neutrality of the judiciary
4. Internal Conflicts: Conflicts due to differences of opinion between conservative and progressive judges
5. External Pressure: Issues regarding whether free discussion is possible amid pressure from politicians and the media

3️⃣ History and Major Activities of the Judges' Representative Council

✅ Background and History

• The Judges' Representative Council was established as part of judicial reform. Its main background is as follows:

  • It was introduced as a measure to restore trust in the judiciary and implement reforms following the 2018 judicial administration power abuse scandal.
  • Its goal was to shift from a top-down judicial administration centered on the National Court Administration to a bottom-up system reflecting judges' opinions.
  • The National Judges' Representative Council was officially launched in 2019 and began its activities.
  • Initially, it mainly played an advisory role in judicial administration participation, but gradually strengthened its position as a self-governing body within the judiciary.
  • It secured institutional stability by establishing a legal basis through amendments to the Court Organization Act.

• The Judges' Representative Council has played an important role within the judiciary. Its main historical activities are as follows:

  • It contributed to establishing institutional measures to prevent the recurrence of judicial administration power abuse.
  • It discussed various issues related to judges' working environments, such as improving the judge personnel system and evaluation system.
  • It presented improvement proposals for major judicial administration systems, such as the Chief Justice candidate recommendation procedure and the judge disciplinary system.
  • It has expressed official positions on external interventions that may threaten judicial independence.
  • It discussed ways to provide judicial services during national crisis situations such as COVID-19.

✅ Recent Major Activities and Issues

• Recently, discussions related to judicial independence have been active. Major activities include:

  • Discussing response measures to criticism from politicians regarding the 'Lee Jae-myung case.'
  • The agenda item "Special prosecutor investigations, impeachment, and hearing procedures against judges infringe on judicial power" has been submitted and will be discussed.
  • A proposal to improve representation procedures has also been submitted due to concerns that representatives are not sufficiently reflecting the opinions of their constituent judges.
  • Discussions are also taking place on substantive judicial system improvements such as reforming the judiciary personnel system and improving sentencing guidelines.
  • Various measures are being sought to restore public trust in the judiciary.

• There are various issues surrounding the Judges' Representative Council. Major issues include:

  • The issue of balance between protecting judicial independence and accepting external criticism has been raised.
  • Some worry that the Judges' Representative Council might become an 'interest group for judges.'
  • The need to improve representatives' representation and procedures for gathering opinions from constituent judges has been raised.
  • Discussions are taking place on ways to strengthen the binding power and effectiveness of council decisions.
  • Discussions on power-sharing and cooperation systems with the National Court Administration are also taking place.

4️⃣ Related Terms

🔎 Judicial Independence

• Judicial independence is the principle that courts can adjudicate independently without external interference.
• Judicial independence means the principle that the judiciary can adjudicate independently according to the constitution and laws without interference or influence from external sources such as the legislature (National Assembly), the executive branch (government), political parties, media, or public opinion. This is a core element of the separation of powers and is essential for implementing the rule of law through fair trials.
• The main components of judicial independence include: first, the independence of judges, meaning judges adjudicate only according to the constitution and laws without receiving instructions or interference from outside; second, the independence of courts, meaning the judiciary has autonomy in its organization and operation; third, the independence of judgments, meaning even higher courts cannot instruct or interfere with lower courts' judgments in specific cases.
• Judicial independence is an essential principle for guaranteeing citizens' basic rights and implementing the rule of law, but this does not mean that the judiciary is exempt from responsibility or free from criticism. The judiciary must maintain its independence while ensuring accountability to the people and the legitimacy of its judgments.

🔎 Judicial Administration

• Judicial administration refers to administrative activities such as organizational and personnel management to facilitate trial work.
• Judicial administration refers to all administrative activities that support courts in carrying out their trial work smoothly. This includes court organization management, judge personnel matters, budget planning and execution, facility management, and trial support. Judicial administration is not directly related to trials but plays an important role in supporting the independence and efficiency of trials.
• The main content of judicial administration includes: first, tasks related to judge personnel such as appointment, transfer, promotion, and evaluation; second, tasks related to court organization such as establishing courts, merging courts, and organizing internal structures; third, budget-related tasks such as planning, executing, and settling court budgets; fourth, trial support tasks such as case assignment, trial schedule management, and judgment management.
• In Korea, the Chief Justice is the highest authority in judicial administration, and the National Court Administration handles practical matters. However, since the judicial administration power abuse scandal, judges' participation has expanded through bodies like the Judges' Representative Council to enhance the democracy and transparency of judicial administration. Ensuring that judicial administration does not infringe on the independence of trials is an important task.

🔎 Special Prosecutor

• A special prosecutor is a prosecutor appointed to independently investigate a specific case.
• A special prosecutor refers to a prosecutor specially appointed to independently and fairly investigate specific cases that are politically sensitive or involve high-ranking public officials. It is a system designed to overcome the limitations or fairness controversies of regular prosecution investigations, and special prosecutors have temporary investigative authority only for the specific case.
• The main characteristics of special prosecutors include: first, independence, meaning special prosecutors act independently without any external interference during investigations; second, temporariness, meaning their role ends when the investigation of the specific case is completed; third, appointment under special law, meaning special prosecutors are appointed based on special laws enacted by the National Assembly for each individual case.
• The special prosecutor system has advantages such as ensuring political neutrality and independence of investigations, but it also has limitations such as restricted investigation periods, limited investigation scope, and political controversies. Recently, some functions have been replaced by the establishment of the Corruption Investigation Office for High-ranking Officials, but special prosecutor appointments are still discussed for special cases. There are concerns that introducing special prosecutors for judges could infringe on judicial independence.

5️⃣ Frequently Asked Questions (FAQ)

Q: Do the decisions of the Judges' Representative Council have legal binding power?

A: The decisions of the Judges' Representative Council do not have direct legal binding power. However, as a representative opinion-gathering body within the judiciary, it has considerable influence. The council's decisions are delivered to the Chief Justice and the National Court Administration and are importantly considered in policy formulation and implementation processes. Especially in matters related to judges' working environments, personnel systems, and trial system improvements, the council's opinions are often substantially reflected. Additionally, on external issues related to judicial independence or judges' rights, the council's official position tends to be accepted as the opinion of the entire judiciary. If the council's legal status and role are clearly defined through amendments to the Court Organization Act, the influence and effectiveness of its decisions could be further strengthened.

Q: Is it appropriate for judges to express opinions on political matters?

A: This is a complex issue concerning the balance between the political neutrality and independence of the judiciary and freedom of expression. In principle, judges should maintain political neutrality and refrain from publicly supporting or opposing specific political positions. This is to maintain public trust in the fairness of trials. However, when judicial independence or rule of law principles are perceived to be threatened, judges may need to collectively raise their voices. The Judges' Representative Council plays a role in carefully organizing and expressing the position of the entire judiciary, rather than individual judges, in such situations. The important thing is not to support or oppose specific parties or politicians but to express opinions in terms of protecting constitutional values and judicial independence. Maintaining this balance is one of the important tasks of the Judges' Representative Council.