Chu Mi-ae: "Special Tribunal for Treason Faces Constitutional Disputes, Not Grounds for Unconstitutionality ... Democratic Party Too Timid to Push Forward"

Chu Mi-ae, Chair of the Legislation and Judiciary Committee, on Kim Eo-jun's YouTube channel
"No matter how sound the law, they pick a fight... The Democratic Party is being too timid"
On judges' statement of opposition: "They seem unaware of the substance of the discussion"

Chu Mi-ae, Chairperson of the National Assembly's Legislation and Judiciary Committee and a member of the Democratic Party, asserted that the Special Tribunal Act for Treason, which her party is pushing forward, "may be subject to constitutional disputes, but there are no grounds for unconstitutionality." In an interview on December 9 on the YouTube channel "Kim Eo-jun's Humility Is Hard News Factory," Chu stated, "The media and others are making a fuss as if this law is problematic. No matter how sound the law is, they pick a fight. The Democratic Party is being too timid about this and is about to give in easily."

Chu Mi-ae, a member of the Democratic Party and Chairperson of the National Assembly's Legislation and Judiciary Committee, asserted that the Special Tribunal Act for Treason does not have any grounds for unconstitutionality, stating, "There may be disputes about constitutionality, but there is no possibility of unconstitutionality." Photo by The Asia Business Daily DB

Chu further commented, "From the moment arrest warrants related to treason trials were dismissed early on and Ji Guyon released former President Yoon Suk-yeol, it became clear that a special tribunal was needed. At that time, concerns about unconstitutionality were raised, so we are trying to form a dedicated tribunal by organizing a recommendation committee with judges already appointed, but there is no reason to dispute that, is there?"

Previously, at the National Judges' Council meeting on December 8, the nationwide judicial body stated, "Regarding the bill for establishing a special tribunal for martial law cases and the amendment to the Criminal Act introducing the crime of judicial distortion, we urge careful deliberation due to significant concerns about unconstitutionality and the potential threat to judicial independence."

Similarly, at the National Court Presidents' Meeting on December 5, court presidents expressed, "The bills to establish a special tribunal for treason and to introduce the crime of judicial distortion seriously undermine the neutrality of trials and public trust in the judiciary, and ultimately infringe upon the fundamental right to a fair trial, raising substantial constitutional concerns." They also noted, "We express grave concerns that these bills could cause significant confusion, including trial delays, due to their potential unconstitutionality."

In response, Chu stated, "Judges are actually not well informed about the substance of this discussion. If you watch the hearings where the Chief Judge of the Court Administration answers questions at the Legislation and Judiciary Committee, you can see this."

She added, "Hasn't more than seven months passed due to the trial of former President Yoon? The case has been delayed until the end of the year," and continued, "We should have enacted the Special Tribunal Act for Treason much earlier. I have many regrets about the strategy, and I find it deeply disappointing."

On the 8th, representative judges elected from various courts saluted the national flag at the National Judicial Training Institute in Ilsan, Goyang City, Gyeonggi Province, during the National Judges' Council meeting. Photo by Yonhap News.

The Democratic Party held a policy caucus at the National Assembly on December 8 to further discuss the establishment of the special tribunal for treason, but did not reach a conclusion. According to Yonhap News, the party has postponed the plenary session vote on the Special Tribunal Act for Treason to the end of the year and has begun adjusting the details of the bill.

The Special Tribunal Act for Treason stipulates the establishment of dedicated tribunals at the Seoul Central District Court and the Seoul High Court for handling cases related to treason and foreign aggression, including the martial law incident involving former President Yoon Suk-yeol. It also assigns two judges to handle related warrants at the Seoul Central District Court. The nine-member recommendation committee, consisting of representatives from the Constitutional Court, the Ministry of Justice, and the Judges' Council, will recommend twice the number of candidates, from which the Chief Justice of the Supreme Court may appoint the warrant judges and tribunal judges.

This content was produced with the assistance of AI translation services.