Nearly 50 judges dragged into lawsuits last year by litigants rejecting court rulings

The Supreme Court building in Seocho District, southern Seoul [NEWS1]

 
Nearly 50 judges were dragged into lawsuits last year by litigants refusing to accept court rulings, according to the National Court Administration on Thursday.
 
Forty-nine judges were sued in connection with the legitimate performance of their duties by litigants in their cases and 58 court personnel — including judges — applied for litigation support after being subjected to these unjust lawsuits.
 

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The courts are required to cover the costs of appointing legal counsel and litigation representatives under internal regulations on support for unjust lawsuits against judicial personnel.
 
Over the past three years, an average of 48.7 judges and court officials annually requested litigation support. The number of judges alone rose sharply from 38 in 2023 to 49 last year. The budget used to support these unjust lawsuits last year amounted to 51.45 million won ($34,750).

 
When a judge becomes involved in an unjust civil lawsuit, the Korean Government Legal Service — a state-run body that handles litigation and other legal affairs for the government — is connected to assist with appointing a litigation representative.


In unjust criminal lawsuits, a deliberation committee under the Justice Ministry reviews the case and provides up to 5 million won in legal fees for representation during the investigation stage before indictment.
 
Most support cases for judges have so far involved civil lawsuits. Even when complaints or accusations were filed on charges such as abuse of authority or dereliction of duty, the vast majority were dismissed or not forwarded for prosecution during the investigation stage.


“Even if a criminal complaint is filed, there are few cases where a judge is summoned for questioning, so there has rarely been a need for legal counsel,” a chief judge in Seoul told the JoongAng Ilbo. “In most cases, judges only learn they were reported or accused after receiving a decision of non-referral or dismissal.”
 
 
Unfounded lawsuits used to challenge court rulings
    

An illustration generated by ChatGPT in response to a prompt asking it to depict a litigant protesting against a judge. [JOONGANG ILBO]

 
Cases of suing a judge can arise from litigants seeking to challenge unfavorable rulings even after exhausting all legal avenues.
 
A litigant, for instance, reportedly sought 110 million won in damages from presiding judges after losing in both the first and second trials and having a retrial request dismissed. 


The plaintiff, who worked as a branch manager at an insurance company, had filed 68 complaints with the Financial Supervisory Service (FSS) — a public supervisory authority that examines, supervises and regulates financial institutions, including banks, insurance companies and securities firms — requesting an investigation into alleged unfair practices by the company. The company terminated the plaintiff from the role, citing damages caused by the complaints, and the insurance agency branch managed by the plaintiff was also shut down.


The plaintiff later filed an administrative lawsuit, this time against the FSS, arguing that the it had provided only formal responses to the complaints. But both the first and second trials ruled in favor of the regulator. The request for a retrial was also dismissed. 
 
The plaintiff then filed a damages suit against the judges, claiming “The decision based solely on the regulator’s arguments constitutes an abuse of rights” and “My spouse died due to the judges’ illegal rulings.” 
 
The claim was dismissed in January 2024, with Presiding Judge Shin Heon-gi of the Eastern Branch of Busan District Court, stating there was no evidence to deem the earlier rulings unjust and no proof of a causal link between the rulings and the spouse’s death.
 
 
A new law raises concerns of criminal complaints against judges
 
Amid a growing number of unjust civil lawsuits against judges, concerns are rising that such cases could extend into criminal proceedings with the introduction of the crime of judicial distortion, which took effect in March under Article 123-2 of the Criminal Act.
 
The law makes it a crime for judges, prosecutors and investigators to intentionally distort the law or manipulate evidence to benefit or harm individuals in criminal trials or investigations.
 

 
Since there have already been civil cases in which plaintiffs sought damages claiming “judges distorted the law and manipulated rulings,” the legal community say litigants may now pursue criminal complaints under the same reason. A total of 104 cases have already been filed under the charge of judicial distortion, with 75 judges accused, according to the police on April 13. 
 
“If judges are summoned by investigative authorities on charges of judicial distortion, could that not lead to a boycott of criminal trials?” a sitting chief judge who wished to stay anonymous told the JoongAng Ilbo. 
 
“It is questionable whether the police can determine whether a judge’s decision was distorted,” Another chief judge, in Seoul, said. “While actual indictments will be rare, such complaints will likely be frequently used as a means of intimidation.”
 

The Full Bench of the Supreme Court [NEWS1]

 
A meeting of judges representing courts nationwide on April 13 also emphasized that trials could be undermined by the judicial distortion charge and called for countermeasures.
 
The National Court Administration said it has launched a task force to respond to the issue and is reviewing measures such as assigning dedicated personnel for unjust lawsuits and expanding the budget. 
 
“Unlike civil unjust lawsuits, in criminal cases only the costs are supported, and individual judges must appoint their own legal counsel, which creates difficulties,” an official from the court administration office said. “Finding a practical solution to connect judges with legal counsel will be key.” 

BY JO SU-BIN [lee.jian@joongang.co.kr]