The Korean Bar Association Recognizes the Need for Judicial Reform, But Urges Cautious Deliberation on Expanding the Supreme CourtProposals to expand the number of Supreme Court justices and to appoint non-lawyers to the bench are currently under discussion within the political sphere as part of broader judicial reform efforts. Given the current reality in which each justice must handle approximately 3,000 cases annually, such an overwhelming caseload makes it virtually impossible for justices to conduct thorough legal deliberations and reasoned judgments. Accordingly, the expansion of the bench has become an urgent issue. However, allowing individuals without legal qualifications or experience to serve as Supreme Court justices risks undermining the essential function of the Court, which is to adjudicate exclusively on questions of law.The Korean Bar Association recognizes that judicial expansion is necessary to prevent delays in final appellate review and to ensure the thorough administration of justice amid an ever-increasing caseload. However, the Association expresses serious concerns regarding the proposal to appoint non-lawyers to the Supreme Court and urges that such a measure be reconsidered through cautious and deliberate debate.Expanding the bench represents the most practical and direct solution to alleviate the structural bottleneck in the Court’s appellate function and to meaningfully guarantee the constitutional right to a fair trial. Under the current structure—where each justice must review thousands of cases per year—it is exceedingly difficult to conduct sufficient legal scrutiny or to deliver well-reasoned decisions. Increasing the number of justices would help distribute the burden of review and facilitate the deeper development of legal reasoning and jurisprudence, thereby reinforcing the constitutional right of citizens to a full and fair hearing.In addition, judicial expansion can bring a positive ripple effect by enhancing diversity within the Court’s composition. As legal professionals of different genders, generations, and areas of specialization join the bench, internal deliberations would gain vitality, and judicial decisions would be better positioned to reflect the rights and perspectives of minority and underrepresented groups. In contrast, institutional proposals such as introducing a leave-to-appeal system or establishing an appellate division within the High Court—measures which would artificially limit the number of cases or create additional bureaucratic layers—risk distorting the Court’s function and intensifying concerns over preferential treatment for former judges.Conversely, appointing non-lawyers to the Supreme Court threatens the Court’s core function as a body that adjudicates exclusively on legal questions. The unification of legal interpretation and the establishment of coherent legal standards necessarily presuppose long-term practical experience and professional legal training. If individuals lacking such qualifications are unable to engage meaningfully in the rigorous process of analyzing legal principles and contributing to majority and dissenting opinions, the authority and consistency of the Supreme Court’s decisions may be seriously compromised—ultimately eroding public trust in the judiciary.Accordingly, the Korean Bar Association hereby sets forth its official position as follows:1. The number of Supreme Court justices must be promptly increased; however, appointments should be strictly limited to individuals with substantial legal experience—as attorneys, judges, or prosecutors.2. In order to structurally reduce the burden on final appellate review, institutional support systems—such as expanding the number of judicial researchers and advancing the case classification system—must be implemented concurrently.3. To enhance the quality of adjudication at the lower court level, a comprehensive set of reforms must be pursued in tandem, including increasing the number of trial judges, introducing a discovery system, and securing adequate financial resources.4. The judiciary and political authorities must enhance transparency throughout the entire process of appointing Supreme Court justices to ensure that nominees possess the expertise and independence necessary to earn public trust.The Korean Bar Association will continue to make every effort to ensure that judicial reform contributes meaningfully to the protection of fundamental rights and the advancement of justice.May 23, 2025Korean Bar Association Jung Wook KIM, President
