South Korea Advances Judicial Reform Three Laws; immediate effects, 2028 Supreme Court expansion
On December 12, the first day of a nationwide meeting of court presidents, South Korea’s judiciary discussed the practical steps and potential challenges stemming from the government’s judicial reform package. The event took place at a Forest Resort in Jecheon, North Chungcheong Province, with 45 heads of courts and key staff from the Supreme Court’s Secretariat in attendance.
The discussions focused on the so-called “Judicial Reform Three Laws,” which include amendments to criminal law to establish a crime of distorting the law, revisions to the Constitutional Court Act to introduce petitions for retrial, and changes to the Court Administration Act to increase the number of Supreme Court justices. The three laws were posted in the Official Gazette on the day, and the government noted that the first two took effect immediately upon promulgation, while the increase in Supreme Court justices will take effect two years after promulgation, in 2028.
The Supreme Court Administrative Office said it skipped its usual briefing to allow for deeper discussion, with a move to open immediately into topic presentations and open debate. A deputy head of the Administrative Office opened with remarks underscoring concerns about how the reform would reshape the legal system and public trust, urging attendees to help devise meaningful, practical responses.
During the first topic, chief justices voiced worries about the broader impact on citizens and the judiciary, noting that the amended Constitutional Court Act’s provisions were unclear and that related laws had not been updated, which could cause confusion in post-implementation court operations. They highlighted potential operational ambiguities in the wake of the reform.
Possible practical issues raised included procedures for transmitting trial records during retrials, the method by which the judiciary would submit its opinions in such cases, how to handle proceedings after a retrial is granted, and the effects of judgments that have already been executed when a retrial is requested or granted.
On the expansion of the Supreme Court, the chiefs discussed how the bench composition and trial procedures might change, measures to prevent weakened factual determinations, and the need for appropriate facilities. They also proposed concrete steps such as increasing the number of trial-focused judges and research attorneys, as well as enhancing allowances related to criminal cases.
A second topic addressed ways to support criminal judges amid rising external pressures from complaints and allegations, with concerns that such burdens could undermine the public’s right to a speedy and fair trial. The group suggested a package of measures, including greater budgetary support for related functions, the creation and operation of a committee to safeguard judicial independence, stronger protection of personal information, prioritizing assignments for court researchers, and the introduction of criminal-specialist judges.
The participants pledged to synthesize the discussions and press the Administrative Office to develop concrete follow-up measures promptly, and to actively coordinate with external institutions. They also noted that on December 13 the agenda would turn to whether artificial intelligence could enhance nationwide access to justice, and how to implement such an approach in stages.
The government’s official notification of the reforms appeared in the Gazette on the same day. The three laws have been widely described as the Judicial Reform Three Laws. The crime of distorting the law and the retrial mechanism took effect immediately upon promulgation, while the expansion of the Supreme Court’s bench will come into effect in 2028, two years after promulgation.
Why this matters beyond Korea For international audiences, these developments touch on the rule of law and the predictability of legal processes that affect cross-border business, investment, and litigation. The changes to criminal accountability, retrial procedures, and the composition of Korea’s highest court could influence how foreign companies approach compliance, contracts, and dispute resolution in Korea. In addition, the planned introduction of AI to improve public access to justice signals Korea’s broader push toward digital modernization of the judiciary, with potential implications for efficiency, transparency, and the timeline of legal proceedings that may intersect with multinational corporate and technology-sector interests. The 2028 implementation for the Supreme Court expansion also matters for long-term judicial capacity, which can affect how Korea handles high-stakes cases involving international parties and global supply chains.