Chief Justice says Blue House re-recommendation request lacks constitutional basis
In short
Supreme Court Chief Justice Cho Hee-dae said the presidential office's official document asking him to re-recommend a Supreme Court justice candidate did not clearly state concrete reasons or a constitutional basis, and that he judged follow-up procedures difficult to carry out. He made the remarks in his opening statement at the National Assembly Legislation and Judiciary Committee's audit of the Supreme Court in Seoul on Oct 6. He apologized for the prolonged vacancy of Supreme Court justice seats.
Read the full story 1 min read
Supreme Court Chief Justice Cho Hee-dae said on Oct 6 that the presidential office's official document asking him to re-recommend a Supreme Court justice candidate did not clearly set out concrete reasons or a constitutional basis. Speaking in opening remarks at the National Assembly Legislation and Judiciary Committee's audit of the Supreme Court in Yeouido, Seoul, he said the intent of the document was difficult to understand and that he judged it difficult to proceed with follow-up procedures, according to Newsis and Maeil Business. [ 3 , 9 ]
Maeil Business reported that the Supreme Court Justice Candidate Recommendation Committee had put forward candidates, that Cho reviewed their qualifications and abilities and held continued consultations, but that no final agreement was reached before he submitted the appointment recommendation. He then received the official document from the presidential office asking him to recommend a different candidate, without proceeding with the appointment of the candidate already put forward, the paper reported. [ 9 ]
Cho said his decision was meant to respect the constitutional powers of the Chief Justice to recommend, the National Assembly to consent and the President to appoint, Korea Economic Daily reported. Several outlets, including Chosun Ilbo, Yonhap, Seoul Economic Daily and Korea Economic Daily, carried his statement that the request had no constitutional basis and that the procedures were difficult to advance. [ 2 , 4 , 6 , 7 , 9 ]
He apologized for the prolonged vacancy of Supreme Court justice seats, saying he was sorry for the concern caused to the public and that he was deeply aware of the responsibility to reduce public inconvenience by restoring the court's full composition, according to Maeil Business. The same report said he reaffirmed that he could not respond to the National Assembly's request for direct testimony about his decision and refused the witness oath, citing the risk to separation of powers and judicial independence. [ 9 ]
Why it matters
The remarks put on record a standoff between the head of the judiciary and the presidential office over how Supreme Court justices are appointed, an issue the documents tie to the constitutional division of powers among the Chief Justice, the National Assembly and the President. The documents also link the dispute to a prolonged vacancy on the court, which Cho said he regrets.
Key facts
- Chief Justice Cho Hee-dae said the presidential office's document requesting re-recommendation of a Supreme Court justice candidate did not clearly state concrete reasons or a constitutional basis. [ 1 , 2 , 3 , 4 , 6 , 7 , 8 , 9 ]
- Cho said the intent of the document was difficult to understand and that he judged follow-up procedures difficult to proceed with. [ 2 , 3 , 8 , 9 ]
- He made the remarks in opening remarks at the National Assembly Legislation and Judiciary Committee's audit of the Supreme Court on Oct 6. [ 3 , 9 ]
- He said the decision was intended to respect the Chief Justice's recommendation right, the National Assembly's consent right and the President's appointment right. [ 7 , 9 ]
- Cho apologized for the prolonged vacancy of Supreme Court justice seats, saying he recognised the responsibility to reduce public inconvenience by restoring the court's full composition. [ 9 ]
- He reaffirmed he could not respond to the National Assembly's request for direct testimony on his decision and refused the witness oath, citing separation of powers and judicial independence. [ 9 ]
Confirmed by several sources
- Chief Justice Cho Hee-dae said the presidential office's official document requesting re-recommendation of a Supreme Court justice candidate lacked a clear statement of concrete reasons and constitutional grounds. [ 1 , 2 , 3 , 4 , 6 , 7 , 8 , 9 ]
- Cho said he judged that follow-up procedures would be difficult to carry out. [ 2 , 3 , 4 , 6 , 7 , 9 ]
- Cho made the remarks at the National Assembly Legislation and Judiciary Committee's audit of the Supreme Court on Oct 6. [ 3 , 9 ]
Still unclear
- Whether the presidential office gave any reasons for asking for a re-recommendation. The documents say the official document did not clearly state reasons or constitutional grounds, but do not report any reason the presidential office may have given elsewhere.
- Cho's refusal to give direct testimony and his refusal of the witness oath at the audit. Only Maeil Business reports this; other documents do not mention testimony or the oath.
- Which Supreme Court justice candidates are involved and how many seats are vacant. No document names the candidates or states the number of vacant posts.
What local media are saying
Timeline, local time
- Kukmin Ilbo publishes a report quoting Cho on the Blue House document and the unclear constitutional basis. [ 1 ]
- Chosun Ilbo reports Cho's remarks at the National Assembly, saying the document gave no concrete reasons and that follow-up procedures are difficult. [ 2 ]
- Newsis publishes Cho's opening remarks at the Supreme Court audit, including that the document's intent was hard to understand. [ 3 ]
- Yonhap reports Cho's statement that the request had no constitutional basis and that procedures would be difficult. [ 4 ]
- Maeil Business publishes a detailed account, including Cho's apology for the prolonged vacancy and his refusal of direct testimony and the witness oath. [ 9 ]