Chief justice calls presidential intervention in Supreme Court nominations unconstitutional
Supreme Court Chief Justice Cho Hee-dae speaks during a parliamentary audit of the Supreme Court at the National Assembly in Seoul, Tuesday. Yonhap
Cho stresses division of powers in top court's justice recommendation
Supreme Court Chief Justice Cho Hee-dae said Tuesday that the president has no authority to intervene when he recommends candidates for justices of the top court, escalating a dispute with President Lee Jae Myung over the selection of a new justice.
Cho made the remarks during a parliamentary audit of the Supreme Court, where he strongly defended his constitutional authority and criticized Cheong Wa Dae's demand that he nominate another candidate.
"Just as the chief justice cannot interfere in the National Assembly's approval process or the president's appointment process, neither the National Assembly nor the president can interfere in the chief justice's recommendation," Cho said.
He argued that such intervention would violate the constitutional division of powers among state institutions and undermine judicial independence.
His remarks followed a clash between Lee and the chief justice over the justice selection that has lasted more than a month.
Under Article 104 of the Constitution, a 10-member recommendation committee selects at least three candidates for Supreme Court justice. The chief justice then recommends one to undergo a confirmation hearing at the National Assembly. If the Assembly approves, the president appoints the candidate.
It has been customary that the top court and Cheong Wa Dae talk in advance to narrow down the candidates before the chief justice's final recommendation. However, Cho did not undertake the normal consultation process when he recommended Sohn Bong-ki, a senior judge at the Daegu District Court, on Aug. 18 for the position that was left vacant after former Justice Rho Tae-ak's retirement on March 3.
Cheong Wa Dae demanded another candidate on Aug. 28, arguing that Cho had failed to hold sufficient consultations with the presidential office before making his choice.
Cho rejected the request on Sept. 22, saying the presidential office had failed to provide specific reasons or constitutional grounds for demanding another candidate.
Supreme Court Chief Justice Cho Hee-dae remains seated without taking the oath as a witness during a parliamentary audit of the Supreme Court at the National Assembly in Seoul, Tuesday. Cho cited judicial independence and the separation of powers amid a dispute with President Lee Jae Myung over the nomination of a new Supreme Court justice. Newsis
During Tuesday's audit, Cho reiterated his objections.
"The request from Cheong Wa Dae did not clearly specify the reasons for seeking another recommendation or the constitutional grounds for doing so," he said.
Cho stressed that a chief justice's consultations with the president before recommending candidates were only customary and voluntary arrangements intended to facilitate appointments rather than constitutional requirements.
Cho further argued that previous presidents had ultimately respected the chief justice's authority to select candidates.
The standoff has left the justice position vacant for more than seven months, raising concerns about the prolonged shortage of justices at the nation's highest court.
Cho acknowledged public concerns over the vacancy and pledged to work toward resolving the issue.
The confrontation comes amid strained relations between Cho and Lee dating back to May 2025, when the Supreme Court overturned Lee's acquittal in an election law violation case just weeks before the June presidential election.
During Tuesday's parliamentary audit, Cho initially refused to take an oath or testify as a witness, citing the separation of powers and judicial independence.
However, he later gave his remarks by reading a prepared statement.
Meanwhile, Kim Sung-soo, whom Cho recommended on Aug. 18 to replace another retiring justice, Lee Heung-gu, took office on Sept. 21 after receiving parliamentary approval and Lee's endorsement. Kim became the first Supreme Court justice appointed under the Lee administration.