Seat left vacant by Roh Tae-ak’s retirement has remained unfilled for more than 200 days
Supreme Court Chief Justice Jo Hee-de on Tuesday rejected Cheong Wa Dae’s request to recommend a new candidate for Korea’s top court, escalating a standoff over the chief justice and the president's respective powers in appointing Supreme Court justices.
Cheong Wa Dae immediately expressed “deep regret” for Jo’s position, which it labeled as unconstitutional.
Jo announced his decision 25 days after President Lee Jae Myung declined to forward the nomination of Son Bong-gi, a senior judge at the Daegu District Court, to the National Assembly and asked the chief justice to submit another nominee.
In a statement released through the Supreme Court, Jo questioned both the form and substance of the presidential office’s request.
Jo noted that presidential acts under law must be made in writing and countersigned by the prime minister and relevant Cabinet members.
He said the only official document he had received was an Aug. 28 request for a new nominee, which did not specify why Son’s nomination had been rejected or provide a constitutional basis for demanding another recommendation.
“I can find no specific constitutional basis or reason that would justify the request,” Jo said. “Therefore, I cannot comply with the request.”
Cheong Wa Dae disputed Jo’s interpretation, saying, “The chief justice’s statement reflects a view that his recommendation authority takes precedence over the president’s appointment authority, which is contrary to the Constitution.”
The presidential office added that requiring the president to appoint anyone recommended by the chief justice would effectively nullify the appointment authority of a president elected by the public.
Under the Constitution, Supreme Court justices are appointed by the president upon the recommendation of the chief justice and with the consent of the National Assembly. A judicial recommendation committee first creates a shortlist of candidates, from among whom the chief justice selects a nominee.
The current dispute concerns the seat vacated by former Justice Roh Tae-ak, who retired in March. A recommendation committee shortlisted four candidates to succeed Roh on Jan. 2. The presidential office and the judiciary failed to agree on a final nominee through consultations that typically precede a formal recommendation.
Jo ultimately recommended Son on Aug. 18, along with Kim Seong-su as the successor to Justice Lee Heung-gu. The recommendations were submitted in writing without agreement with the presidential office.
On Aug. 28, Cheong Wa Dae said it would proceed with Kim’s nomination but would not submit Son’s confirmation motion to the National Assembly. It accused Jo of making a unilateral recommendation without substantive consultation and asked him to recommend another candidate.
Kim received parliamentary consent and was appointed on Sept. 18.
Roh’s former seat has now remained vacant for more than 200 days. Cheong Wa Dae said each Supreme Court justice handles between 3,500 and 4,600 cases annually, arguing that the prolonged vacancy infringes on the public’s right to timely trials.
“The chief justice must recognize that the prolonged vacancy is causing harm to the public and should no longer leave the current situation unaddressed,” the presidential office said.
Neither side offered a clear path toward resolving the impasse. Under the Court Organization Act, a new recommendation committee must be formed each time candidates are recommended, meaning that restarting the process would prolong the vacancy.
The standoff drew sharply divided responses from the rival parties.
Democratic Party of Korea Chair Kim Min-seok criticized Jo’s refusal, accusing the chief justice of either engaging in a power struggle with President Lee or disregarding both the president and the public.
“The constitutional basis the chief justice is looking for is perfectly clear: the president’s authority to appoint Supreme Court justices. How much clearer could it be?” Kim said. Other ruling party lawmakers echoed his view.
The main opposition People Power Party, however, criticized Lee for requesting a new nominee. Floor Leader Rep. Jeong Jeom-sig accused the president of “trampling on the constitutional authority of the judiciary and the legislature.”
“If the president abuses his power to demand a new nominee, he would effectively be choosing the justices who may one day rule on his own cases,” Jeong said, referring to Lee’s criminal trials that were suspended after he was elected president.
minsikyoon@heraldcorp.com
