Chief Justice Says Interference in Supreme Court Nominations Is Unconstitutional

Tells Parliamentary Audit He Has Already Fulfilled His Constitutional Duty Presidential Office Urges Swift Renomination

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By Won Tae-seongkhan@sedaily.com
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Chief Justice Jo Hee-de (center) sits after refusing to take the witness oath at a National Assembly Legislation and Judiciary Committee audit on Oct. 6. Jo declined to be sworn in or testify that day but spoke actively about the dispute over Supreme Court justice nominations. Photo by Oh Seung-hyun - Seoul Economic Daily Politics News from South Korea
Chief Justice Jo Hee-de (center) sits after refusing to take the witness oath at a National Assembly Legislation and Judiciary Committee audit on Oct. 6. Jo declined to be sworn in or testify that day but spoke actively about the dispute over Supreme Court justice nominations. Photo by Oh Seung-hyun

Chief Justice Jo Hee-de said on the 6th that "the president and the National Assembly have no authority whatsoever to intervene in the chief justice's nomination of Supreme Court justices," speaking at a Legislation and Judiciary Committee audit at the National Assembly. Unlike last year's audit, when he remained silent, Jo actively laid out his position this time on the controversy surrounding the power to nominate Supreme Court justices.

When Rep. Kim Ki-pyo of the Democratic Party of Korea pressed him on the renomination dispute, saying, "The chief justice must have his own views, so explain them directly," Jo replied, "Would you give me time to answer?" and took out materials he had prepared. Citing Article 104, Paragraph 2 of the Constitution, he said, "The power of nomination is the exclusive authority of the chief justice, and interference with it is unconstitutional," adding that "consultation with the president in the past was also merely voluntary cooperation, not an obligation." He went on to say, "The chief justice has already fulfilled his constitutional duty by making the nomination."

Lawmakers from the ruling bloc responded to Jo's remarks with a barrage of criticism, asking whether he was "playing politics under the banner of judicial independence" and whether he "dreams of becoming a second Yoon Suk-yeol." Jo shot back that the remarks were "insulting and saddening."

The presidential office reaffirmed its earlier position, saying it hopes "the chief justice will respect the recommendations of the Supreme Court Justice Candidate Recommendation Committee and proceed with the renomination process as swiftly as possible, so that the public's right to trial is not infringed by prolonged vacancies on the Supreme Court."

Original reporting by Won Tae-seong for Seoul Economic Daily.

AI-translated from Korean. Quotes from foreign sources are based on Korean-language reports and may not reflect exact original wording.

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