With ‘distortion of law’ enactment, some judges say mitigation of culpability may weigh on rulings
Published: 20 Mar. 2026, 17:48
![The Supreme Court building in Seocho District, southern Seoul, is seen on March 12. [NEWS1]](https://koreajoongangdaily.joins.com/data/photo/2026/03/20/b6324273-ef6b-47a0-bd49-2f1759c51ff0.jpg)
The Supreme Court building in Seocho District, southern Seoul, is seen on March 12. [NEWS1]
A week after Korea enacted a new criminal offense aimed at punishing “distortion of law,” unease has spread quickly through courtrooms and investigative agencies. Judges, prosecutors and police officers warn that the measure may expose routine decisions to a wave of complaints and alter how justice is carried out.
The amendment to the Criminal Act allows prosecutors to indict investigators, prosecutors and judges who manipulate an interpretation of the law, fabricate or unlawfully obtain evidence or pursue charges without sufficient legal grounds. Convictions could entail up to 10 years in prison and disqualification from public office.
Some on the bench say the law has introduced a new layer of personal risk, as even routine rulings could prompt criminal complaints from dissatisfied parties.
A senior presiding judge, who spoke on the condition of anonymity, described the shift starkly. “For judges, it feels like we’ve been thrown into the wild.”
“At any moment, we could get caught in a snare. If someone dislikes a particular judge, couldn’t they dig through all of that judge’s rulings and file a complaint for ‘distorting the law’ based on any case overturned on appeal?”
Since the law took effect on March 12, complaints have already targeted judges involved in high-profile cases, including Supreme Court Chief Justice Jo Hee-de for overturning a lower court ruling that acquitted President Lee Jae Myung; and judge Ji Gwi-yeon, who canceled the detention of former President Yoon Suk Yeol.
![Judge Ji Gwi-yeon reads the court ruling for former President Yoon Suk Yeol's insurrection charges at the Seoul Central District Court in southern Seoul on Feb. 19. The court sentenced Yoon to life in prison for leading an insurrection by declaring martial law on Dec. 3, 2024. [SEOUL CENTRAL DISTRICT COURT]](https://koreajoongangdaily.joins.com/data/photo/2026/03/20/4936f746-eda1-4b4b-a225-88ca68c81169.jpg)
Judge Ji Gwi-yeon reads the court ruling for former President Yoon Suk Yeol's insurrection charges at the Seoul Central District Court in southern Seoul on Feb. 19. The court sentenced Yoon to life in prison for leading an insurrection by declaring martial law on Dec. 3, 2024. [SEOUL CENTRAL DISTRICT COURT]
Trial judges who handled individual cases — such as the acquittal of former Edison Motors Chairman Kang Young-kwon — have also been reported.
Many judges now worry that the threat of complaints could subtly reshape how they write decisions. One other senior judge said colleagues have begun discussing whether to limit detailed reasoning in rulings.
“We often talk about how rulings may have to become shorter because of the risk of complaints,” the judge said. “Every sentence could become grounds for accusations of distorting the law.”
Such changes, judges say, could come at a cost. Detailed explanations in rulings help litigants understand the court’s reasoning and provide a basis for appeals. Reducing that reasoning to avoid legal risk could undermine transparency.
Some judges also fear the law may deepen an existing reluctance within the judiciary to handle criminal cases.
“Workloads are already heavy, and judges face threats from coordinated online targeting," a high court judge said. "With the added risk of complaints, who would want to take on these cases?”
“In extreme cases, judges might stall on rulings simply to avoid being reported,” a senior judge said.
![The prosecution logo is seen on a flag in front of the Seoul Central District Prosecutors' Office in southern Seoul on Feb. 17, 2025. [NEWS1]](https://koreajoongangdaily.joins.com/data/photo/2026/03/20/05bd4f22-40ed-4afe-81c0-502fc8bbcb77.jpg)
The prosecution logo is seen on a flag in front of the Seoul Central District Prosecutors' Office in southern Seoul on Feb. 17, 2025. [NEWS1]
The concerns extend beyond the courts. Prosecutors and police officers say their own decisions — whether to indict, drop or refer a case — could now become grounds for accusations under the new law.
“If you’re assigned a political or sensitive case, people may wait for personnel reshuffles before making decisions, turning it into a kind of ‘passing the bomb,’” a senior prosecutor said. “In the end, whoever handles the case right before the statute of limitations expires may be the one accused.”
Police officials expressed concern that the law could invite retaliatory or politically motivated complaints.
"There is a very high risk of political abuse," a senior official said. "One could investigate someone for distorting the law, then investigate that investigator again for the same charge, creating a chain of complaints.”
“In the end, the politically stronger side may prevail, and the system could become paralyzed," the officer added.
![Seoul Mayor Oh Se-hoon attends a press conference announcing his candidacy to run in the local elections for the People Power Party at the briefing room of Seoul City Hall in Jung District, central Seoul, on March 17. [KIM KYOUNG-ROK]](https://koreajoongangdaily.joins.com/data/photo/2026/03/20/e4455dd9-ce13-49e4-a2fa-8dfc71c215f7.jpg)
Seoul Mayor Oh Se-hoon attends a press conference announcing his candidacy to run in the local elections for the People Power Party at the briefing room of Seoul City Hall in Jung District, central Seoul, on March 17. [KIM KYOUNG-ROK]
Complaints are already being filed against investigators. Seoul Mayor Oh Se-hoon said he is considering filing a complaint against special prosecutor Min Joong-ki, who indicted him over allegations involving proxy payments for polling.
Civic groups have also filed complaints against 26 officials from three special prosecutor teams, along with Oh Dong-woon, the chief prosecutor of the Corruption Investigation Office for High-ranking Officials (CIO), and CIO deputy chief Lee Jae-seung.
Faced with mounting concern, judicial and law enforcement institutions are exploring ways to shield their personnel.
The National Court Administration on Monday said it would establish a task force to support criminal trials and consider expanding litigation support funds, which are currently capped at 5 million won ($3,300) and apply only at the investigation stage.
Court officials are also discussing longer-term changes, including the introduction of specialized criminal judges and prioritizing the assignment of judicial researchers to criminal divisions.
A prosecution official noted that the government already provides liability insurance covering legal costs for public officials. “Relevant departments are reviewing whether to expand these support systems or introduce additional measures."
The National Police Agency plans to issue guidelines on how to apply the distortion law and handle complaints. The guidelines are expected to require provincial or metropolitan police agencies, rather than local police precincts, to oversee such cases and instruct officers to maintain detailed investigative records.
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.
BY CHOI SEO-IN, JO SU-BIN [[email protected]]
with the Korea JoongAng Daily
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