The ruling Democratic Party on Monday advanced a bill to create a special tribunal for insurrection cases tied to the Dec. 3 martial law declaration, as the main opposition People Power Party launched a filibuster to block it.
The Democratic Party formally placed it on the plenary agenda of the National Assembly, after adopting a revised version of the bill as its official party position at a closed-door caucus meeting.
“The revised bill to establish a dedicated tribunal for insurrection cases eliminates both constitutional flaws and institutional risks,” Rep. Jung Chung-rae said Monday during a meeting of the party’s supreme council.
However, as soon as the bill was tabled, the People Power Party launched a filibuster — an unlimited debate used to delay legislation.
The party’s leader, Rep. Jang Dong-hyeok, who has become the first leader of a main opposition party in South Korea’s constitutional history to take the floor in a filibuster, called the bill “unconstitutional.”
“It is merely a means for the majority party to cherry-pick judges, steer cases to them and engineer the outcomes it desires,” Jang said as the first speaker.
The Democratic Party promptly filed a motion to terminate the debate and said it planned to put the bill to a vote as soon as the minimum 24-hour period guaranteed to filibusters ends. Under Assembly rules, a filibuster can be forcibly ended after 24 hours with the backing of three-fifths of lawmakers in office, which the ruling party can do with the help of other liberal lawmakers.
At the crux of the bill is a plan to create a special tribunal dedicated to handle insurrection and treason charges linked to the martial law declaration made by former President Yoon Suk Yeol on Dec. 3, 2024.
The Democratic Party has backed the legislation to speed up proceedings, arguing that trials involving Yoon and other figures implicated in the martial law declaration have faced significant delays.
The original bill, however, has drawn criticism over constitutional and impartiality concerns, particularly over how judges would be selected and whether the process could allow outside influence.
In response, the Democratic Party revised the legislation on Monday, completing changes to the tribunal’s structure that critics said left room for external interference.
Under the final revision, judges for special tribunal would be appointed entirely by judicial councils. The Seoul Central District Court and Seoul High Court judicial councils would set the tribunal’s size and staffing under criteria they establish.
Previously, the bill envisioned a separate nomination committee that could include outside figures — such as the justice minister — or involve specific agencies in selecting judges, prompting criticism that the process could open the door to outside influence.
Chief Justice Jo Hee-de on Monday declined to comment directly on th the introducton of the bill to the plenary agenda. “I will review the matter internally.”
The Seoul High Court, which will hear appeals in cases related to the Dec. 3 martial law declaration, will hold a full judges’ meeting later in the day to discuss Supreme Court regulations on the establishment of a special tribunal dedicated to insurrection cases.
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