Chief Justice Jo Hee-de stated on the 6th regarding the issue of recommending Supreme Court justice candidates, which has caused conflict with Cheong Wa Dae, “The National Assembly and the President cannot interfere at all in the Chief Justice’s recommendation.” This was a direct rebuttal to Cheong Wa Dae’s pressure, which claimed the President’s appointment authority over justices was a higher concept than the Chief Justice’s recommendation right. It marked the first time since the resumption of parliamentary audits following the 1987 constitutional revision that a Chief Justice responded to lawmakers’ questions during a parliamentary audit.
Chief Justice Jo attended the National Assembly Legislation and Judiciary Committee’s Supreme Court parliamentary audit on the same day. In response to Democratic Party of Korea lawmakers’ criticism that the Chief Justice should have consulted with President Lee Jae Myung in advance regarding the justice recommendation, he said, “While Chief Justices have previously cooperated voluntarily to expedite appointments without constitutional basis, there is no legal issue if they do not consult, and all past presidents have ultimately respected the recommendation right.” Cheong Wa Dae has rejected Chief Justice Jo’s unilateral recommendation of Son Bong-kie, Presiding Judge of the Daegu District Court, as a justice candidate without prior consultation and demanded a re-recommendation.
Regarding Cheong Wa Dae’s official document requesting a re-recommendation, Chief Justice Jo stated, “The document did not clearly specify the reasons or constitutional grounds, and its intent was difficult to discern.” He added that the Democratic Party’s pressure for a re-recommendation was “an unconstitutional measure violating the constitutional distribution of authority among institutions and judicial independence, as the National Assembly’s interference in the Chief Justice’s recommendation is prohibited by law.”
During the audit, the Democratic Party demanded Chief Justice Jo take a witness oath, though he had previously only given opening remarks and left during lawmakers’ questioning. Chief Justice Jo refused, stating, “It risks undermining the principles of separation of powers and judicial independence.” When Seo Young-kyo, the Democratic Party chair of the National Assembly Legislation and Judiciary Committee, did not permit him to leave, Chief Justice Jo remained and made several pointed remarks in response to lawmakers’ questions.
Cheong Wa Dae Senior Spokesperson Kang Yu-jung responded to Chief Justice Jo’s remarks that day, saying, “There has been no change in our existing position,” and added, “We hope the Chief Justice will respect the recommendations from the Justice Candidate Recommendation Committee and proceed with the re-recommendation process as swiftly as possible.”
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