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‘Law distortion’ charges extended to trial judges

Published: 19 Mar. 2026, 00:00

On Feb. 19, Ji Gui-yeon, then a presiding judge at the Seoul Central District Court, speaks during the first trial verdict hearing in the case of former President Yoon Suk Yeol on charges of leading an insurrection at the Seoul Central District Court in Seocho District, Seoul. [SEOUL CENTRAL DISTRICT COURT VIDEO CAPTURE]

Following a complaint against Chief Justice Jo Hee-de under the so-called law distortion offense, Judge Ji Gui-yeon has also been reported to police on the same charge. Ji, now serving at the Seoul Northern District Court, presided over the first trial of former President Yoon Suk Yeol at the Seoul Central District Court on charges of leading an insurrection.

The complaint stems from Ji’s decision in March of last year to cancel Yoon’s detention and order his release. While disagreement with a ruling is common, filing a criminal complaint against an individual judge is deeply concerning. The law distortion offense, pushed through by the Democratic Party despite objections from the judiciary and the legal community, now appears to be targeting front-line judges. If judges face criminal complaints over decisions made according to law and conscience, it raises serious doubts about whether fair trials can be maintained. The growing use of such legal actions risks creating a chilling effect on judicial decision-making.

Ji had effectively been singled out even during the legislative process. Debate over the law intensified after he calculated detention periods in hours rather than days under the Criminal Procedure Act and granted Yoon’s request for release. Even if the law is now in force, repeated complaints against trial judges risk undermining judicial independence and destabilizing the court system. Such developments may weaken confidence in the judiciary and complicate the consistent application of legal standards.

Another key issue is whether the police, who will handle such cases, can conduct investigations independently without external pressure. With prosecutors’ investigative powers curtailed, concerns remain that there are insufficient checks if police selectively handle cases in line with political interests. This institutional imbalance could further politicize criminal investigations.

Seoul Mayor Oh Se-hoon said he is considering filing a law distortion complaint against Special Prosecutor Min Joong-ki over a polling-related case. This suggests that both ruling and opposition politicians may use such complaints as a tool in political disputes. The trend risks normalizing the criminalization of judicial decisions.

If trial judges themselves become targets of investigation, the pressure will extend to higher courts. If judicial independence and fairness are undermined, the ultimate cost will fall on the public. Safeguards are urgently needed to prevent unintended consequences.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.