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Judges Debate Democratic Party's Justice Expansion Proposal

The National Judges' Conference will hold a discussion forum on improving the appellate system, including the expansion of justices, on the 25th. This follows the recent push by the Democratic Party to advance the 'five key judicial reform agendas,' including the expansion of justices and improvements to the recommendation process.

The National Judges' Conference announced in a press release on the 22nd that it will hold a discussion forum on the 25th for judges to engage in free discussion and exchange opinions regarding the proposal to increase the number of justices and improve the recommendation process for justices.

Prior to the discussion forum, the National Judges' Conference formed a 'Judicial System Subcommittee' to conduct research on the expansion of justices and improvements to the recommendation process, and uploaded the report to the court's internal network (Courtnet). All judges nationwide are expected to base their discussions on the subcommittee's report.

The subcommittee first stated regarding the proposal to increase the number of justices, "The expansion plan, which aims to 'strengthen the deliberation of appellate reviews' as its legislative intent, has many aspects worth considering." The subcommittee added, "In relation to the recurring discussions on improving the appellate system, there is a need for self-reflection on whether the judiciary has sufficiently protected citizens' rights and conducted trials that earn public trust." It further expressed hope that "regarding improvements to the appellate system, including whether to increase the number of justices, the courts, National Assembly, government, academia, and civil society organizations will form a consultative body to engage in serious discussions and deliberations to design and promote the most desirable appellate system model."

However, within the subcommittee, opinions were divided regarding the Democratic Party's proposed plan to increase the number of justices by 30. Some members argued that "the expansion of justices should be implemented alongside the strengthening of lower courts," while others opposed, stating, "If the number of justices is increased by more than double, it is difficult to gauge the impact on the entire judicial system, and there are concerns that public trust in the fairness of the courts and trials may weaken." There were also cautious views that "a rapid increase in the number of justices could undermine the political diversity of the Supreme Court's composition, necessitating discussions on the pace and scope of expansion."

The subcommittee also stated that improvements are needed in the appointment process for justices, including the composition and operation of the Justice Candidate Recommendation Committee. The subcommittee emphasized, "The recommendation committee should play a role in ensuring substantive diversity in the composition of justices and supplementing and strengthening the democratic legitimacy of the judiciary," and suggested, "measures such as excluding the head of the Administrative Office of the Courts from the recommendation committee should be considered to maintain independence from the 대Chief Judge."

Additionally, to enhance the transparency of the Justice Candidate Recommendation Committee, the subcommittee proposed disclosing the procedures and contents of its meetings, as well as the circumstances surrounding the recommendation of justices.

The National Judges' Conference is expected to announce its official stance on the proposal to increase the number of justices and other related matters based on the discussions from this forum.

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