Anna Jiwon Park has been covering the politics at The Korea Times since the summer of 2024, when she joined the press pool for the Office of the President in Korea. Prior to that, she spent about five years reporting extensively on financial markets, regulatory authorities and the financial industry. She joined The Korea Times in 2019 after spending eight years as a broadcast journalist at Arirang TV, Korea’s leading global broadcaster, covering politics, defense and culture.
Tensions escalate between ruling party and judiciary
Presidential spokesperson Kang Yu-jung speaks during a press briefing at the presidential office in Seoul, Monday. Yonhap
By Anna J. Park
Presidential office urges Supreme Court chief justice to reflect on calls for resignation
The presidential office on Monday appeared to side with the opposition-controlled National Assembly, saying the nation’s top judge should consider calls for his resignation if they reflect the will of the legislature. The remarks, made by a presidential spokesperson, marked a rare and pointed intervention in an escalating standoff between the executive and judiciary.
With the presidential office effectively backing the ruling Democratic Party of Korea (DPK), which holds a legislative majority, pressure is mounting on Chief Justice Cho Hee-dae and the confrontation over judicial independence is entering a more contentious phase.
The DPK, seeking to pass a judicial reform bill before the Chuseok holiday in early October, has clashed with the judiciary over proposals that include a special tribunal and an expanded Supreme Court. The move has prompted a counter-response from the National Judges’ Association, which announced its own forum on appeals system reform, fueling speculation that resistance to the Assembly’s agenda may be spreading throughout the courts.
Presidential spokesperson Kang Yu-jung made the comments during a press briefing in response to a public call for Cho’s resignation the previous day by Rep. Choo Mi-ae, chair of the National Assembly’s Legislation and Judiciary Committee.
“If the National Assembly, through deliberation and discussion, seeks to reflect the spirit of the Constitution and the will of the people, it can be regarded as the foremost authority elected by the people. And when there are such historic and public demands, an appointed authority (such as the chief justice) needs to reflect on the plausibility and reasons behind those demands. In that respect, we agree in such principle," Kang elaborated during the briefing.
Chief Justice Cho Hee-dae arrives at the Supreme Court in southern Seoul, Friday, as the National Council of Court Presidents convenes a meeting at the venue. Yonhap
On Sunday, Choo directly targeted the chief justice in a Facebook post, writing, “He remained silent during the era of prosecutorial dictatorship. … Chief Justice Cho claims to defend judicial independence under the pretext of upholding the Constitution, but in truth, he is protecting insurrectionists by delaying their trials.”
DPK leader Jung Chung-rae also intensified the pressure, declaring during Monday's party leadership meeting that Cho has become the “vanguard of an anti–Lee Jae-myung political struggle” and insisting that “he must step down.”
The remarks, which initially drew criticism for appearing to disregard the separation of powers, were later clarified by the presidential office spokesperson, who explained her comments were intended to emphasize that the judiciary, as an appointed body, must respect the authority of elected officials.
Democratic Party of Korea leader Jung Chung-rae speaks during a meeting of the party's Supreme Council at the National Assembly in Seoul, Monday. Yonhap
In her briefing, Kang also addressed the cautious stance taken by the chief justice and the National Judges’ Conference last Friday regarding the ruling DPK’s push for judicial reforms, which include proposals to increase parliamentary oversight of court decisions and enhance accountability for judges.
“Authorities appointed through indirect appointment should fully observe the Assembly’s discourses,” Kang stressed. “Rather than casting doubt on the Assembly's ability for self-regulation and internal consultation from the outset, there is a need to watch carefully and allow time for deliberation.”
Regarding a contentious proposal to establish a “special tribunal” to handle cases linked to insurrection charges against former President Yoon Suk Yeol for his martial law fiasco, Kang emphasized that any action must go through the legislative process.
“Whether it requires new legislation or the creation of a separate body to bring a swift end to the insurrection, that too must proceed through the National Assembly’s deliberation and debate,” Kang said.
People Power Party leader Jang Dong-hyeok speaks during a meeting of the party's Supreme Council in Busan, Monday. Yonhap
On the same day, Rep. Jang Dong-hyeok, leader of the main opposition People Power Party (PPP), criticized the presidential office for the remarks that appear to side with the DPK in pressuring the chief justice to step down.
“If the separation of powers collapses, the nation’s final safeguard disappears. The dangerous notion that elected power can stand above all institutions at the pinnacle of separation of powers is an extremely reckless idea that ultimately undermines the very foundation of the Constitution,” Jang said during a meeting of the opposition party's Supreme Council in Busan, Monday.
He also denounced the plan for a special tribunal to handle insurrection cases. This, he argued, directly contradicts the Constitution, which enshrines judicial independence and grants appointment authority to the chief justice.
“Some claim there have been special tribunals in the past, but in those cases, most were based on explicit constitutional provisions,” Jang said. “If the DPK's special tribunal were no different from the dedicated trial panels already within the courts, the Council of Court Presidents would not have raised concerns. Such an idea is something that might only be possible in North Korea or China."
A meeting of the National Council of Court Presidents is held at the Supreme Court in southern Seoul, Friday. Yonhap
Meanwhile, court presidents nationwide issued an official statement on Friday regarding the ruling party’s judicial reform drive, declaring that “judicial independence must be guaranteed” and that “the judiciary’s participation is essential in discussions on institutional reform.”