A recent decision by a Korean bar association to assess and publish the performance of judges has received criticism for the potential problems it poses for the independence of the courts.
The Seoul Bar Association (SBA) last week said that it will set up a special committee to conduct an evaluation of judges' performances, publishing the results at least once a year, according to a report by the Korea Times.
"A wide range of factors, including the judge's attitude, integrity, fairness and knowledge will be assessed," said the SBA in a statement. "And we will score them according to the results."
The SBA moved towards the decision after a petition filed by a lawyer against the actions of a judge.
But there are several problems this poses for the judiciary, said Sean Hayes, a lawyer at Logos Attorneys at Law and the only foreign lawyer to be hired by the Korean Constitutional Court. Hayes said that evaluations may put pressure on the decisions of the judge, especially in a criminal case which could sway the decision towards a more defendant-friendly sentence.
"Korean lawyers often get paid based on contingency fees, even in criminal cases. So a judge might be perceived as a good judge when that judge rules in favour of defendants, since lawyers are getting paid based on the outcome of the case."
Hayes noted that Korean sentences are very low compared to other developed nations.
The issue is also surrounded by cultural dilemmas. Korean judges are often younger than the lawyers, since a Korean lawyer begins their career as a judge and then turns to private practice.
Hayes questions whether the evaluation program will have a significant effect, but maintains that the integrity of the judge's decision should be upheld.
"Order is something that should be kept. Sometimes a judge needs to be tough, especially a younger judge. I don't know if this will have a huge effect. But there will be certain judges red-flagged for bad reasons, for example being victim friendly, which could cost practising lawyers money."