Chief Justice Jo Hee-de appeared before the National Assembly's Legislation and Judiciary Committee on the 6th for a parliamentary audit of the Supreme Court and delivered a pointed rebuke to the government and the ruling party, saying that interference by the president or the legislature in his power to nominate Supreme Court justices is unconstitutional. Jo refused to take an oath or testify as an ordinary witness, a status pushed by the Democratic Party of Korea, but he answered lawmakers' questions directly in his capacity as chief justice — the first time a sitting chief justice has done so in the country's constitutional history.
The Democratic Party and allied parties escalated their offensive, pressing Jo over his position and signaling that they would file a criminal complaint over his refusal to take the witness oath. With a sitting chief justice stating his position directly in response to lawmakers' questions, the conflict among branches of government over renomination is expected to intensify further.
Appearing at the audit as the head of an institution, Jo used his opening remarks to refuse to take an oath or testify as an ordinary witness, citing Article 104, Paragraph 2 of the Constitution. His reasoning was that having the chief justice swear an oath as an ordinary witness subject to parliamentary oversight could undermine the separation of powers. He did, however, bow his head, saying, "I feel sorry that the prolonged vacancies on the Supreme Court have caused concern among the public."
While expressing regret over the gap in Supreme Court appointments, Jo reaffirmed his existing position that he has no choice but to reject the presidential office's request for a renomination in order to protect "judicial independence." Reading from a document he had prepared in advance, he said, "Nowhere in the Constitution is there any basis for the president or the National Assembly to intervene in the chief justice's nomination," adding, "Consultation with the president is not a duty, and there is no constitutional problem whatsoever if the chief justice does not consult." He went on to say, "The consultations that took place in the past were a 'voluntary cooperation' by the judiciary to ensure smooth appointments, and successive presidents ultimately respected this power of nomination," and stressed that "the chief justice has already fulfilled all of his constitutional powers and duties through the nomination."
The Democratic Party and allied parties kept up their attack. Rep. Park Kyoun-taek of the Democratic Party criticized Jo, saying, "Refusing to renominate is a denial of the president's power of appointment as set out in the Constitution," and adding, "It is a specific violation of a constitutional provision, so it could certainly constitute grounds for impeachment."
The People Power Party said the precedent of allowing the chief justice to leave the hearing should be respected and stressed the importance of judicial independence. Rep. Park Hyung-soo of the People Power Party, the opposition's committee liaison, said, "Do you want a country where judicial independence is trampled?" and argued that "President Lee Jae-myung, who demanded a renomination with no basis in the Constitution, should appear as a witness."
Lawmakers from the ruling bloc raised the pressure further by bringing up allegations that Jo had paid cash bonuses to Supreme Court justices and improperly used his official expense account. They also raised allegations of involvement in the Dec. 3 emergency martial law declaration. Jo rejected the martial law allegations, saying he had "offered no cooperation whatsoever."
As tempers flared, the audit descended into an exchange of insults. When Rep. Son Sol of the Progressive Party pressed Jo, saying he was "using judicial independence as a pretext to set himself against the president and build up his own political weight," and asking whether he was "dreaming of becoming a second Yoon Suk-yeol," Jo pushed back forcefully, calling the remark "deeply insulting and saddening." People Power Party lawmakers also protested, and during the exchange Rep. Kim Tae-gyu said to Rep. Kim Yong-min of the Democratic Party, "Did you get scratched on Owl Rock?" The phrase evoked the death of late former President Roh Moo-hyun, and the ruling bloc shot back at Kim, telling him to "act like a human being," as the emotional clash reached its peak. Committee Chair Seo Young-kyo cut off Kim's remarks, and after the session was recessed Kim sought out Seo and protested in a raised voice, extending the commotion.
Jo did not attend the afternoon session when it resumed, citing health reasons. Seo notified him that she would file a complaint, saying that "refusing to take the witness oath without justifiable reason and failing to comply with the request to attend in the afternoon is a clear contempt of the National Assembly."
