The Presidential Office and the Supreme Court are locked in a head-on confrontation over a demand that the chief justice submit a new nominee for a vacant Supreme Court seat. Chief Justice Jo Hee-de said on the 22nd that he could not comply, citing the absence of "any specific constitutional basis or grounds" for the request. His response came 25 days after the Presidential Office, on Aug. 28, declined to send to the National Assembly the confirmation motion for Son Bong-gi, a senior judge at the Daegu District Court nominated to succeed former Justice Roh Tae-ak, and instead asked for a new nomination. The Presidential Office issued two statements sharply criticizing the chief justice, saying his stance reflected "an unconstitutional view that the chief justice's power to nominate ranks above the president's power to appoint." The dispute over filling the seat is escalating into an unprecedented clash over constitutional authority.
Article 104, Paragraph 2 of the Constitution states that "Supreme Court justices shall be appointed by the president, on the nomination of the chief justice and with the consent of the National Assembly." The provision guarantees the power to appoint and the power to nominate as separate constitutional authorities. Many legal readings hold that the president's appointment power includes the power to reject a nominee. Most constitutional scholars, however, argue that the Presidential Office infringes on the chief justice's nomination power when it demands a new nominee on the grounds of insufficient prior consultation, which is a matter of custom rather than a legal requirement.
The Presidential Office had also asked that, in place of Son, the chief justice nominate another candidate previously recommended by the Supreme Court Justice Candidate Recommendation Committee. Under the Court Organization Act, however, the committee is deemed dissolved once it completes its recommendations. Kim Min-ki, a judge at the Seoul High Court who is reported to be the Presidential Office's preferred choice, is a former member of the progressive-leaning Uri Judicial Research Society and the spouse of Constitutional Court Justice Oh Young-joon, whom the president appointed. Critics say the move appears aimed at neutralizing the chief justice's nomination power in favor of a specific candidate over whom conflict-of-interest concerns have been raised.
President Lee Jae-myung will appoint 22 of the Supreme Court's 26 justices during his term, including newly appointed Justice Kim Sung-soo. There is deep concern that if the president asserts only his appointment power, the court could be filled with figures aligned with the administration. The vacancy, which has now lasted more than 200 days, cannot be left unresolved any longer. The cost of delayed trials ultimately falls on the public. The chief justice should move quickly to form a new recommendation committee and nominate a candidate, and the Presidential Office should respect that nomination. Rather than a test of strength, the president and the chief justice must find a solution within the spirit of the separation of powers and the framework set by the Constitution.
