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South Korea ruling party says chief justice refuses to testify at Oct. 6 audit
In short
The Democratic Party said Supreme Court Chief Justice Cho Hee-dae submitted a non-appearance reason statement to the National Assembly's Legislation and Judiciary Committee, declining to appear as a witness at the Supreme Court's parliamentary audit on Oct. 6. Committee chair Seo Young-kyo said the refusal violates the National Assembly Act because he was summoned as an ordinary witness and is obliged to appear, and urged him to answer the public from the witness seat. Cho's letter, as relayed by the party, cited his duty to follow the Constitution and laws, the possibility of investigative procedures and the separation of powers under Article 104(2).
Why it matters
The standoff sets the National Assembly's audit powers against the judiciary's claim of constitutional independence, and the ruling party has said follow-up measures such as a warrant of accompaniment could follow if the chief justice does not appear. It plays into a months-long conflict between the Blue House and the Supreme Court over a Supreme Court justice appointment that Hankook Ilbo said has left the seat vacant for a prolonged period. The documents do not indicate whether the committee will act or how the Supreme Court will respond.
Key facts
- The Democratic Party said Supreme Court Chief Justice Cho Hee-dae submitted a non-appearance reason statement to the Legislation and Judiciary Committee declining to appear as a witness at the Supreme Court's Oct. 6 parliamentary audit. [ 2 , 4 , 5 , 6 , 7 , 8 , 9 , 11 , 13 ]
- Committee chair Seo Young-kyo said Cho's letter stated it is difficult for him to appear as a witness and answer, and called the refusal a violation of the National Assembly Act because he was summoned as an ordinary witness and is obliged to appear under the National Assembly Testimony and Appraisal Act. [ 2 , 4 , 7 , 8 , 9 , 11 ]
- Cho's letter, as relayed by the party, cited his duty to comply with the Constitution and laws, the possibility that investigative procedures could be under way, the separation of powers in Article 104(2) and judicial independence, and Article 121 of the National Assembly Act. [ 2 , 4 , 6 , 7 , 8 , 9 , 11 ]
- Hankook Ilbo reported the letter also said it would be inappropriate to disclose sensitive details of ongoing personnel matters, including a candidate's personal information, or consultations with the president tied to the president's constitutional authority, citing a complaint that has been filed. [ 6 ]
- Committee secretary Kim Eui-kyum said the duty to appear applies without exception and warned that allowing officials to avoid audits because an investigation is possible would disable the audit system; Seo said follow-up measures including a warrant of accompaniment could follow under Articles 12 and 15 of the testimony act. [ 6 ]
- Hankook Ilbo reported the committee adopted Cho as an ordinary witness on Sept. 28 while People Power Party lawmakers walked out, and Newsis reported the Blue House and Supreme Court have disputed the successor to former Justice Noh Tae-ak since January, with Cho recommending Daegu District Court chief judge Sohn Bong-ki on Aug. 18 and refusing a re-recommendation request on Sept. 22. [ 6 , 9 ]
- The Supreme Court audit is scheduled for 10 a.m. on Oct. 6 at the National Assembly in Yeouido, covering the Supreme Court, the Court Administration Office and the Sentencing Commission. [ 9 ]
- People Power Party senior spokesperson Choi Eun-seok criticized the ruling party for selective witness summons, pointing to the confirmation hearing of former Justice Minister candidate Kim Seung-won that he said was held without witnesses; Dong-A Ilbo reported. [ 10 ]
Confirmed by several sources
- The Democratic Party said Supreme Court Chief Justice Cho Hee-dae submitted a non-appearance reason statement to the Legislation and Judiciary Committee declining to appear as a witness at the Supreme Court's Oct. 6 parliamentary audit. [ 2 , 4 , 5 , 6 , 7 , 8 , 9 , 11 , 13 ]
- Committee chair Seo Young-kyo said at a National Assembly press conference that Cho's letter stated it is difficult for him to appear as a witness and answer questions, and that the refusal violates the National Assembly Act because he was summoned as an ordinary witness. [ 2 , 4 , 7 , 8 , 9 , 11 ]
- Cho's letter, as relayed by the party, cited his duty to comply with the Constitution and laws, the possibility that investigative procedures could be under way, and the separation of powers in Article 104(2) and judicial independence. [ 2 , 4 , 6 , 7 , 8 , 9 , 11 ]
- The letter also argued the summons exceeds the separation-of-powers limits of the audit and does not accord with the purpose of Article 121 of the National Assembly Act. [ 2 , 4 , 7 , 8 , 9 , 11 ]
- The Supreme Court was due to be audited by the Legislation and Judiciary Committee on Oct. 6. [ 2 , 4 , 5 , 7 , 8 , 9 , 11 ]
- Seo said Cho “is not a sanctuary” and that judicial independence is not a shield allowing silence on unconstitutional acts. [ 2 , 4 , 7 , 8 , 9 , 11 ]
Still unclear
- Which investigative procedures Cho's letter was referring to when it cited the possibility that they could be under way. The letter's wording is relayed second-hand by the committee chair and the party, and the documents identify no case or investigation.
- Whether the committee will act on the follow-up measures Seo mentioned, including a warrant of accompaniment. Seo said such measures could follow under the testimony act, but the documents do not say whether any will be used.
- Whether Cho or the Supreme Court has commented beyond the letter. The documents report the letter's contents through the committee chair and the ruling party, not through the Supreme Court.
- The full text of Cho's non-appearance statement. Outlets present its contents as reported information rather than publishing the document itself.
- When the Supreme Court justice recommendation at the centre of the dispute was made. Newsis dates the recommendation to Aug. 18 and the Blue House request to Aug. 28, while Hankook Ilbo describes the recommendation as made on the 18th of last month and the Blue House request as ten days later.
- Whether Cho will attend the Oct. 6 audit at all in his capacity as institution head. Chosun Ilbo reported he is expected to give only a customary greeting before the main audit, while the other documents address only his witness summons.
- Exactly which witnesses the committee summonsed or declined to summons for the audit period. The People Power Party's account of blocked and proposed witnesses is single-source and is denied in substance only by implication.
What local media are saying
Business mediaThe business outlets led with the ruling party's accusation and reproduced Seo's press conference and the party's account of Cho's letter. Hankook Ilbo and Newsis added procedural detail, including the committee's Sept. 28 adoption of Cho as an ordinary witness, possible follow-up measures and the background of the re-recommendation dispute; Kukmin Ilbo and Asia Economy emphasised the party's characterisation as “privilege consciousness and imperial behavior,” with Asia Economy carrying the call for Cho's resignation; Dong-A Ilbo carried the opposition's counter-accusation of selective witness summons; Seoul Shinmun and Korea Economic Daily reported the non-appearance statement and a hinted warrant.
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Official sourcesYonhap, the state news agency, reported the Democratic Party's announcement and Seo's press conference in full, including her claim that non-appearance would violate the National Assembly Act and the contents of Cho's letter as relayed by the party.
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Timeline, local time
- Kukmin Ilbo publishes a headline saying the ruling party called Cho's refusal to attend as a witness a sign of “privilege consciousness and imperial behavior.” [ 1 ]
- Yonhap reports the Democratic Party's statement that Cho informed the Legislation and Judiciary Committee he will not appear as a witness at the Oct. 6 Supreme Court audit. [ 2 ]
- Seoul Economic Daily reports the letter's arguments on Article 104(2), judicial independence and Article 121 of the National Assembly Act. [ 4 ]
- Hankook Ilbo reports committee secretary Kim Eui-kyum's notice of the non-appearance statement and Seo's remarks on possible follow-up measures including a warrant of accompaniment. [ 6 ]
- Newsis reports that the Supreme Court audit will be held at 10 a.m. on Oct. 6 and sets out the background of the re-recommendation dispute. [ 9 ]
- Dong-A Ilbo reports the People Power Party's criticism of the ruling party's witness selection. [ 10 ]
- Asia Economy reports the ruling party's call for Cho to resign and its description of his position as privilege consciousness and imperial behavior. [ 11 ]
- Seoul Shinmun reports the ruling party's hint at a warrant of accompaniment before the audit. [ 12 ]
- Korea Economic Daily reports that Cho submitted a non-appearance opinion for the audit witness. [ 13 ]
- Scheduled: the Legislation and Judiciary Committee holds the Supreme Court parliamentary audit at the National Assembly in Yeouido, covering the Supreme Court, the Court Administration Office and the Sentencing Commission. [ 9 ]