South Korea’s Contentious “Law Distortion” Bill: A Last-Minute Overhaul
South Korea’s ruling Democratic Party made significant last-minute revisions to a controversial bill dubbed the “Law Distortion” Act (an amendment to the Penal Code) on February 25, 2026. The revisions aim to address concerns about potential constitutional issues and safeguard judicial independence. The core change limits the application of the law to criminal cases.
What is the “Law Distortion” Bill?
The proposed law, initially passed by the National Assembly’s Legislation and Judiciary Committee, would have allowed for penalties of up to 10 years in prison and a 10-year disqualification for judges and prosecutors who intentionally misapply the law during trials or investigations. The initial draft faced criticism for being overly broad and potentially chilling judicial discretion.
Key Revisions to the Bill
Facing mounting opposition, the Democratic Party revised the bill to specifically target instances where a judge or prosecutor knowingly applies the wrong law or intentionally disregards applicable legal provisions, influencing the outcome of a case. The revised wording clarifies that “reasonable discretionary judgments within the scope of legal interpretation” are excluded from the scope of the law.
Specifically, the first clause, previously criticized for its ambiguity, was altered to focus on intentional misapplication of the law. A previously vague provision regarding evidence was also refined to require proof that evidence was known to be illegitimate when used in court or investigation.
Internal Discord and External Opposition
The last-minute changes weren’t without internal friction. Lawmakers within the Democratic Party, including Law and Judiciary Committee Chairwoman Choo Mi-ae and committee member Kim Yong-min, voiced strong objections to the revisions, arguing they were made without proper consultation.
The judiciary also remains deeply concerned. A statement released by the National Court Association expressed “serious regret” over the bill’s advancement without sufficient public discussion and consideration of potential negative consequences. They fear the law could lead to an increase in frivolous lawsuits and undermine judicial independence.
The Spy Act Component
Alongside the “Law Distortion” Act, the proposed legislation also includes a new article (Article 98-2) related to espionage. This article would impose a minimum sentence of three years in prison for individuals who collect or leak state secrets under the direction of foreign entities.
Filibuster Threat and Future Outlook
The opposition People Power Party has announced its intention to launch a filibuster to delay the vote on the bill. A vote is now scheduled for February 26th. The future of the legislation remains uncertain, with ongoing debate surrounding its potential impact on the South Korean legal system.
FAQ
What is the main purpose of the “Law Distortion” bill?
The bill aims to penalize judges and prosecutors who intentionally misapply the law, but has been revised to focus on criminal cases and clarify the scope of prohibited actions.
Why is the bill controversial?
Critics argue the bill is overly broad, could stifle judicial independence and may be unconstitutional.
What changes were made to the bill?
The application of the law was limited to criminal cases, and ambiguous wording was clarified to focus on intentional misapplication of the law.
What is the status of the bill?
The bill is scheduled for a vote on February 26th, but faces a potential filibuster from the opposition party.
Does the bill include other provisions?
Yes, it also includes a new article related to espionage, imposing penalties for leaking state secrets to foreign entities.
