South Korea enacts crime of distorting the law as Supreme Court expands
South Korea’s so-called “judicial reform three laws” included a new crime of distorting the law and the introduction of a retrial petition mechanism, with the package centered on expanding the Supreme Court and increasing its numbers. The new criminal provision, known as the crime of law distortion (법왜곡죄), was promulgated and took effect on the 12th, the same day Chief Justice Jo Hee-dae arrived at the Supreme Court in Seoul.
On the first day the law was in force, Chief Justice Jo Hee-dae was reported to police on suspicion of law distortion. The National Police Agency’s National Investigation Headquarters said the complaint was filed with the Yongin Western Police Station in Gyeonggi Province and assigned to the local precinct, with the possibility of reallocation given the case’s significance.
The complaint was filed by attorney Lee Byung-cheol of Law Firm A, who argues that Jo intentionally distorted the Criminal Procedure Law when he, in May of last year, overturned a conviction in a case involving President-elect Lee Jae-myung and alleged violations of the Public Officials Election Act, asserting that the judge knowingly did not apply the principle of the written record.
The allegation centers on a High Court–Supreme Court sequence in which the Supreme Court, after accepting the case March 28 last year, on May 1 overturned an appellate court’s acquittal and sent the case to the Seoul High Court. The decision was controversial because about 70,000 pages of paper records would have to be printed and reviewed, and critics said Jo did not rely on those written records in the ruling.
The lawyer had filed an online petition related to the case via the national citizen-suggestion portal on February 2, before the new law took effect, seeking punishment for Jo and the other judge involved. He then re-submitted the complaint on the day the statute became active, describing it as a “reservation” notification under the old framework, which the new law does not allow.
Under the new law, the crime of distorting the law targets judges, prosecutors, and investigators who intentionally distort legal provisions to favor or harm someone, including misapplication of statutes or destruction or forgery of evidence. The provision, Article 123-2 of the Criminal Act, carries penalties of up to 10 years in prison and up to 10 years of disqualification.
The measure does not retroactively apply to investigations or trials that began before it went into effect, but supporters of the complaint argue that the alleged improper state of affairs persists and can influence ongoing proceedings. The legal debate over retroactivity and continuing offenses will unfold as authorities determine the merits of the allegations.
For international audiences, the episode underscores South Korea’s push to strengthen judicial accountability as it reshapes its high court apparatus. The reforms touch on how high-profile political cases are handled and may influence the perceived stability of South Korea’s rule-of-law framework, with potential implications for business confidence, technology supply chains, and cross-border legal cooperation with the United States.