The Constitutional Court on Thursday struck down a law banning people with a record of political party membership in the past three years from being appointed as court judges, stating it excessively limits job opportunities.

The Court Organization Act currently stipulates that people who have not waited three years since renouncing their membership in a political party cannot be appointed as court judges.

A lawyer filed a constitutional petition against the law after he was disqualified in 2021 during a screening process for his application to be a judge in criminal affairs because his party affiliation had been terminated earlier that year.

The Constitutional Court on Thursday voted 7-2 to strike down the law.

The court ruled that the law excessively restricts the opportunities to enter public service when the Constitution guarantees meritocracy and fair opportunities in employing public servants.

The court pointed to the established court system currently in place to guarantee judges’ political imparti
ality and the fairness of trials.

“For the guarantee of political neutrality, incumbent judges are banned from political membership and campaigning, with violations subject to disciplinary action, criminal punishment and impeachment through trial,” the court said.

Recusal of judges can also be utilized if past records of a judge are judged influential to the trial, it added.

Source: Yonhap News Agency