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Supreme Court chief denies martial law cooperation, apologizes over work expenses
Коротко
Supreme Court Chief Justice Cho Hee-dae told a National Assembly audit on Oct 6 that he instructed courts not to comply with martial law command requests to send personnel and name lists during the Dec 3 emergency martial law. He apologized over the use of official work-expense funds and said he would correct the practice, while declining to testify on grounds of separation of powers and judicial independence. He did not answer questions on the re-recommendation of Supreme Court justices or the Kim Gun-hee case.
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Supreme Court Chief Justice Cho Hee-dae appeared on the morning of Oct 6 at the Legislation and Judiciary Committee's audit of the Supreme Court at the National Assembly in Yeouido, Seoul, and gave his first public account of disputes over judicial appointments while answering questions on the Dec 3 emergency martial law and on the use of official funds. [ 2 ]
On the emergency martial law period, Hankook Ilbo reported that Cho said the martial law command repeatedly asked the courts to dispatch court personnel and submit name lists, and that he instructed officials not to comply. “I instructed that no one be sent and that no name list be given, because it is absolutely unconstitutional,” he was reported as saying, adding that the judiciary had “no part at all in cooperating with the emergency martial law.” The account came in answer to a question from Democratic Party lawmaker Lee Seong-yun, and no other document in the set describes the requests. [ 2 ]
Cho declined to make a sworn statement or testify, saying a demand for testimony about the chief justice's recommendation of Supreme Court justices risked undermining the principles of separation of powers and judicial independence. He did not answer questions about the process around the presidential office's re-recommendation request, saying he had already stated that he could not give an oath or testimony, and he declined to discuss the timing of the Supreme Court's full-bench ruling in the Kim Gun-hee case. [ 2 ]
On the work-expense controversy, Newsis and Hankook Ilbo reported that Cho said he does not take part in the spending process, that an administrative office staff member handles the card and sets dinner dates, and that he had learned of the issue “just now.” He said he would ensure it never happens again and told the public he was sorry. Chosun Ilbo reported him saying that amounts appear to have gone over in the course of work and that the practice would be corrected, while on the judicial encouragement payments he said the chief justice is “not involved at all.” Hankook Ilbo also reported him saying he does not drink “a single drop” of alcohol in response to a question about purchases made with a work-expense card. [ 1 , 2 , 3 ]
Jinbo Party lawmaker Son Sol asked whether he was “doing politics in judicial robes” and whether he dreamed of being a second Yoon Suk-yeol; Cho replied that such words were insulting and somewhat sad. She also criticised a vacancy on the Supreme Court bench lasting more than seven months and, citing an analysis by her office, said the appeals processing time for criminal cases had lengthened by about a month compared with last year, calling the prolonged absence of a justice most damaging to the public. [ 2 ]
Почему это важно
The hearing put the head of the judiciary in direct confrontation with the National Assembly and the presidential office over judicial appointments and the aftermath of the Dec 3 emergency martial law, with the top judge publicly refusing to testify. It also left the work-expense controversy over the Supreme Court unresolved beyond a promise of correction.
Ключевые факты
- Supreme Court Chief Justice Cho Hee-dae appeared at the Legislation and Judiciary Committee's audit of the Supreme Court on Oct 6. [ 2 ]
- Cho said the martial law command repeatedly asked the courts to dispatch personnel and submit name lists, and that he instructed that no one be sent and no list provided. [ 2 ]
- Cho said he would correct the practice after criticism that work-expense funds were spent above the standard, and said he was sorry to the public. [ 1 , 2 , 3 ]
- Cho said the chief justice is not involved in the judicial encouragement payments at all. [ 2 , 3 ]
- Cho declined to make a sworn statement or testify, citing the risk of undermining separation of powers and judicial independence. [ 2 ]
- Cho did not answer questions on the re-recommendation of Supreme Court justices or on the timing of the Kim Gun-hee case ruling. [ 2 ]
- Cho rejected a lawmaker's suggestion that he was doing politics in judicial robes, calling the remark insulting and somewhat sad. [ 2 ]
Подтверждено несколькими источниками
Пока неясно
- Whether the martial law command actually requested court personnel and name lists, and how many times. Only one document, Hankook Ilbo, reports this account, based on Cho's answer to a lawmaker's question.
- The amounts involved in the work-expense and judicial encouragement payment controversy. The documents describe the controversy but give no figures.
- Cho's detailed account of the presidential office's re-recommendation request. Hankook Ilbo reports he declined to answer specific questions on the process, and the other documents do not cover it.
- How much the appeals processing time for criminal cases changed. The roughly one-month increase is cited by a lawmaker's office through Hankook Ilbo only.
Что пишут местные СМИ
Хронология, местное время
- Newsis reports Cho saying at the audit that the practice would be corrected and that he is sorry. [ 1 ]
- Hankook Ilbo reports Cho's account of refusing the martial law command's requests and his answers and non-answers at the audit. [ 2 ]
- Chosun Ilbo reports Cho denying improper use of work-expense and encouragement funds. [ 3 ]