Parties clash over chief justice’s refusal to testify at South Korea audit
In short
South Korea’s ruling Democratic Party is pressing Supreme Court Chief Justice Cho Hee-dae to appear as an ordinary witness at the National Assembly’s Legislation and Judiciary Committee audit on Oct. 6, after he filed a written reason for not attending. The main opposition People Power Party defended him, arguing the summons breaches the separation of powers and that the head of the National Court Administration can answer in the Supreme Court’s place. The audit opening Oct. 6 is also set to examine livelihood issues and the first year of the Lee Jae-myung government.
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South Korea’s ruling Democratic Party is pressing Supreme Court Chief Justice Cho Hee-dae to appear in person as an ordinary witness at the National Assembly’s Legislation and Judiciary Committee audit on Oct. 6, after he filed a written reason for not attending. Party floor spokesperson Lee Ju-hee said in a written briefing on Oct. 5 that the committee adopted Cho under Article 129 of the National Assembly Act rather than as an agency head under Article 121, and that under the National Assembly Testimony and Appraisal Act anyone asked to testify must comply notwithstanding other laws. [ 1 ]
According to Dong-A Ilbo, Cho gave as his reasons for not attending the possibility of an investigation related to his exercise of the right to recommend Supreme Court justices, the impropriety of disclosing the content of his consultations with the president, and the absence of a duty under the National Assembly Act for the chief justice to attend or answer. Lee countered that the law’s intent is for a summoned person to appear and explain any criminal-procedure grounds, and that a right to refuse testimony alone is not a legitimate reason to stay away. The outlet headlined the party’s position that refusal could bring criminal punishment. [ 1 ]
The People Power Party defended Cho. Floor leader Chung Jeom-sik wrote on Facebook that the summons itself lacked legitimacy because the ruling party adopted the witness unilaterally, ignoring an agreement between the parties, Asia Economy reported. He called bringing the chief justice, one of the three branches’ heads, to the audit a breach of the separation of powers, said there is no precedent for calling a chief justice as an ordinary witness, and argued that if the chief justice is called, the president should also be summoned to the executive branch audit. He added that the head of the National Court Administration can answer on the Supreme Court’s behalf. [ 2 ]
Other People Power Party figures made similar arguments, the outlet said: Rep. Yoon Sang-hyun pointed to witnesses the opposition had not accepted during the confirmation hearing for Justice Minister nominee Kim Seung-won, and Supreme Council member Shin Dong-wook said questioning court officials including the National Court Administration head has been the practice. [ 2 ]
The audit opening Oct. 6 will also cover livelihood issues and the Lee Jae-myung government’s performance over its first year, Maeil Business reported. It said the Democratic Party will highlight the government’s achievements while the People Power Party will press security issues and economic policy. Scheduled items include the Paju Demilitarized Zone landmine accident, the Alaska liquefied natural gas project and Korea-U.S. agreements on it, the launch of a serious crime investigation agency, a nationwide farmland survey, single-stock leveraged exchange-traded funds, and the repatriation of North Korean prisoners of war held by Ukraine. [ 3 ]
The same outlet said the two sides are expected to clash in the Legislation and Judiciary Committee over Cho’s appearance, and that there are concerns the livelihood policy scrutiny the public wants could be buried in partisan conflict. [ 3 ]
Why it matters
The standoff sets the ruling party against the opposition and the judiciary as the National Assembly’s annual audit begins, with the two sides disputing whether a sitting chief justice can be compelled to testify. Other items on the audit agenda — the Alaska LNG project, leveraged exchange-traded funds and a farmland survey — touch business and household interests, though one outlet reports the public’s preferred policy scrutiny may be buried in partisan conflict.
Key facts
- The National Assembly’s Legislation and Judiciary Committee summoned Supreme Court Chief Justice Cho Hee-dae as an ordinary witness for its Oct. 6 audit session, and he filed a written reason for not attending. [ 1 , 2 ]
- Democratic Party floor spokesperson Lee Ju-hee said the committee adopted Cho under Article 129 of the National Assembly Act, not as an agency head under Article 121, and that anyone asked to testify must comply regardless of other laws. [ 1 ]
- Cho cited the possibility of an investigation tied to his exercise of the right to recommend Supreme Court justices, the impropriety of disclosing his consultations with the president, and the absence of a statutory duty for the chief justice to attend or answer. [ 1 ]
- People Power Party floor leader Chung Jeom-sik said the summons lacked legitimacy, breached the separation of powers and had no precedent, and that the president should also be called to testify if the chief justice is. [ 2 ]
- The People Power Party said the head of the National Court Administration can answer on the Supreme Court’s behalf at the audit. [ 2 ]
- The audit starting Oct. 6 will cover livelihood issues and the Lee Jae-myung government’s performance over its first year, with the Democratic Party highlighting government achievements and the People Power Party focusing on security and economic policy. [ 3 ]
- Other scheduled items include the Paju Demilitarized Zone landmine accident, the Alaska liquefied natural gas project and Korea-U.S. agreements on it, the launch of a serious crime investigation agency, a nationwide farmland survey, single-stock leveraged exchange-traded funds, and the repatriation of North Korean prisoners of war held by Ukraine. [ 3 ]
Confirmed by several sources
- The Legislation and Judiciary Committee summoned Supreme Court Chief Justice Cho Hee-dae as a witness, he has not attended and submitted a written reason, and the Democratic Party is demanding he appear at the Oct. 6 session. [ 1 , 2 ]
- The National Assembly audit, including the Legislation and Judiciary Committee session, begins Oct. 6. [ 1 , 3 ]
- The main opposition People Power Party opposes the summons and defends the chief justice’s non-attendance. [ 2 , 3 ]
Still unclear
- Whether Chief Justice Cho will appear and what would follow a refusal. Only the Democratic Party is cited on the possibility of criminal punishment, and the documents do not say whether any decision on that has been made.
- What is behind the summons. The documents describe it differently: one reports Cho’s own stated reasons for staying away, including a possible investigation into the justice-recommendation process, while the People Power Party calls it an attempt to shift responsibility over the presidential office’s re-recommendation demand.
- Whether the witness adoption followed an agreement between the parties. The People Power Party says bipartisan agreement was ignored; the documents do not include a Democratic Party response to that specific claim.
What local media are saying
Timeline, local time
- Dong-A Ilbo reports the Democratic Party’s written briefing urging Chief Justice Cho to appear as an ordinary witness at the next day’s audit. [ 1 ]
- Asia Economy reports People Power Party floor leader Chung Jeom-sik’s Facebook post setting out his arguments against the chief justice attending. [ 2 ]
- Maeil Business reports the two parties’ plans and expected clashes ahead of the audit. [ 3 ]
- The National Assembly audit is scheduled to begin, including the Legislation and Judiciary Committee session where the dispute over Cho’s appearance is expected. [ 1 , 3 ]