Constitutional Clause Banning Dismissal of Judges Up for Discussion | Be Korea-savvy

Constitutional Clause Banning Dismissal of Judges Up for Discussion


A number of items will be on the agenda during the meeting scheduled next Monday, including a policy enabling the removal of a judge who has been deemed ‘irresponsible’ and ‘unethical’. (Image: Kobiz Media)

A number of items will be on the agenda during the meeting scheduled next Monday, including a policy enabling the removal of a judge who has been deemed ‘irresponsible’ and ‘unethical’. (Image: Kobiz Media)

SEOUL, April 5 (Korea Bizwire) — A nationwide representative meeting of judges next week is drawing attention as discussions will be held over a clause in the constitution banning the dismissal of judges.

A number of items will be on the agenda during the meeting scheduled next Monday, including a policy enabling the removal of a judge who has been deemed ‘irresponsible’ and ‘unethical’.

According to current laws, there are no legal grounds to impose punishment on judges in South Korea apart from suspension or a wage cut, so long as they aren’t facing imprisonment or impeachment.

This means judges are typically immune to severe legal punishment even after having participated in inappropriate acts such as sexual harassment and prostitution.

The lax standard has been met with criticism from opponents arguing that judges should be subject to stricter punishment.

Previously, the fitness of a judge was widely measured by a 10-year term limit, under which every judge had to be deemed fit enough serve for another 10 years every decade.

With the government’s new judicial reforms doing away with the term limit, however, judges could be dismissed without facing imprisonment or impeachment when the new legislation enters into effect.

Not everyone is on board with the changes however, as some express concerns that a judge’s status should remain under the protection of the constitution, and that any modifications could hinder the fairness and impartiality of a trial.

Amid mixed reviews, the national representative meeting of judges will take into consideration opinions from judges on the frontlines of the country’s legal system.

In addition, other topics such as protective measures for digital data found by the special investigation team dedicated to abuse of jurisdiction and the management rules of the ‘jurisdiction progress committee’ will be discussed during the meeting.

Ashley Song (ashley@koreabizwire.com)

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