Gov't legislation minister says Supreme Court chief justice required by Constitution to suggest new candidate
Government Legislation Minister Cho Won-cheol speaks during a parliamentary audit of his agency at the National Assembly in Seoul, Thursday. Korea Times photo by Shim Hyun-chul
The head of the Ministry of Government Legislation said Thursday that the president is not necessarily required to appoint a Supreme Court justice just as suggested by the chief of the top court.
President Lee Jae Myung and Supreme Court Chief Justice Cho Hee-dae have been locked in a standoff after Lee rejected a justice candidate suggested by Cho. Lee asked the chief justice to make a new recommendation on the grounds that the candidate was proposed without sufficient prior consultation.
Cho refused to budge, arguing Lee's demand lacks constitutional grounds and could be construed as undermining the judiciary's independence.
Under the Constitution, Supreme Court justices are appointed by the president on the recommendation by the chief justice and with the consent of the National Assembly. Legal scholars remain divided on how to interpret these constitutional provisions.
On Thursday, Government Legislation Minister Cho Won-cheol sided with Lee.
"The president is not bound by the recommendation and is therefore not obligated to appoint the recommended candidate," the minister said during a parliamentary audit of his agency, adding that the chief justice's power to recommend candidates amounts to "a form of suggestion."
The minister also said that it makes no sense for the president to ask for parliamentary consent when he has no intention to appoint the candidate. He also said that the Supreme Court chief justice would be neglecting his constitutional duties if he refuses to submit a new recommendation.