Supreme Court insists diversity in background considered
The four nominees for the Supreme Court face an uphill battle for parliamentary approval as opposition politicians and civic activists have derided them as a club of conservatives.
Chief Justice Yang Sung-tae on Tuesday submitted to President Lee Myung-back the list of four candidates to replace incumbents retiring in July.
The top court argued that the selections respected integrity, diversity and minority rights.
“The four have gone under thorough examination, ranging from not only their legal aptitude and health but to ethics, service attitude and others,” said Yoon Sung-sik, a court spokesman.
For example, nominee Kim Shin, head of the Ulsan District Court, is physically disabled due to polio. He has served at regional courts outside Seoul throughout his 30 years in service.
“His nomination shows that the court is ready to accept people with physical challenges as well as from regions, that it is ready to embrace the what are known as minorities,” a court insider said.
Kim Byung-wha, head of the Incheon Public Prosecutors’ Office, and Ko Young-han, deputy chief of the National Court Administration, have pursued academic paths inside the judiciary body and prosecution. Court officials said they would provide a breath of scholastic air in the top court. The other nominee is Kim Chang-sok, head of the Supreme Court Library.
They are to replace justices Park Ill-hwan, Chon Soo-an, Kim Neung-hwan and Ahn Dae-hee whose tenure ends on July 10.
Their appointment requires the National Assembly’s approval. If they fail, the top court will have to operate with four vacancies out of the full bench of 13.
Their chances of winning parliamentary approval are still unclear. Even before the list was finalized, the Democratic United Party and other opposition parties already vowed to dig into every detail of the nominees in order to fail them.
The party earlier this month asked Yang to withdraw the shortlist of 13 candidates, only to be refused.
“We are deeply concerned that all four nominees are men, known to politically conservative,” Park Yong-jin, a DUP spokesman, told reporters on Tuesday.
Kim Shin in February ruled the Lee Myung-bak administration’s pet project of refurbishing four major rivers to be illegal for its lack of adequate legal procedures. But he approved the construction saying it was in the public interest.
Kim Chang-sok graduated from Korea University, the same college as the president. A vernacular newspaper charged that his nomination reflected Presidential Office’s wishes. Since Lee took office in 2008 Korea University graduates have taken many top positions in the administration and were accused of failed cronyism.
Ko and Kim Byung-wha are known to have maintained low key in their careers but are also said to have been selected because the other nine candidates in the pool were unsuitable. They are also conservative.
Should the four join the Supreme Court, it is likely to become conservative since nine others were nominated during the conservative Lee Myung-bak administration, and lean toward conservatism. They are also considered “traditional.”
“Chon is the last among the so-called liberals. If she leaves, the verdicts will face much change. It seemed evident that Yang sought for stability and safety than progression or liberalism,” another court insider said.
Civic activists held a protest in front of the Supreme Court building on Tuesday.
“First we are disappointed that (in overseeing the committee) Yang did not allocate women among the candidates. Only one Justice, Park Bo-young, will remain. Secondly, we are concerned that three of them are judges and three of them are Seoul National University graduates. It will make a total of 12 members being men, 11 being SNU alumni and 11 being former judges. We are also unconvinced about the court’s political neutrality,” said the People’s Solidarity for Participatory Democracy.
“The Supreme Court should open up about their selection procedure and reconsider on its nomination,” it added.
By Bae Ji-sook (
baejisook@heraldcorp.com)