Liberal nominee to lead judicial reform

Supreme Court chief justice nominee Kim Meong-su answers questions before entering the top court, Tuesday. Yonhap

By Lee Kyung-min

Supreme Court chief justice nominee Kim Meong-su, 58, is expected to push for major reform in the judiciary, an institution known for its most conservative inclinations.

Kim, tapped by President Moon Jae-in, has openly criticized the Office of Court Administration (OCA) under the Supreme Court.

Kim slammed the OCA in March for having failed to clarify an allegation that it created a so-called “blacklist of judges” to punish those for voicing criticism against the judicial administration and Chief Justice Yang Sung-tae. Yang is slated to retire next month.

The designation also signals Moon’s resolve to carry out aggressive reform in the judicial circle, as Kim will be able to recommend 10 out of 13 Supreme Court justices.

Out of the 13, two were already appointed by the President in July, and the remaining justice’s terms ends in 2022. Six will be replaced next year.

Kim, currently the head of the Chuncheon District Court, can recommend three Constitutional Court judges out of eight who will retire within Moon’s term. Kim will also be able to recommend three out of nine National Election Commission members.

How Kim will exert his power to control the judiciary is another point of attention.

The Supreme Court chief justice is granted full discretion over personnel affairs of about 3,000 judges and 15,000 judicial employees nationwide, and whether to extend their 10-year term.

He also appoints the head of OCA which oversees judicial administration including personnel affairs, budget allocation, accounting, maintenance of judicial affairs-related buildings including courthouses and infrastructure.

The administrative office has been known to have elite judges working there, and those with experience are said to be on the fast track to being promoted within the judiciary.

Judicial circles shocked

The surprise appointment of Kim to replace Yang, who is 13 years his senior, shocked the judicial circle, largely dominated by a seniority based system on the year they completed training at the Judicial Research and Training Institute.

Many judges say it is unconventional to designate a judge who is not a former or incumbent Supreme Court justice and who never worked at the OCA to the top judiciary post.

Supporters of Kim’s appointment say he is the right person to lead the judicial reform, while critics say he will lack leadership due to opposition from his seniors.

The most pressing task for Kim will be resolving the brewing outrage of some judges over the allegedly OCA-created blacklist.

In the controversy that emerged in February, the OCA allegedly sought to scale down a judges-only academic symposium first established by Kim.

The meeting, known as an international human rights study group, raised questions about whether the judges are able to make independent rulings free of pressure from Supreme Court chief justice. Judicial reform was another key agenda item.

The judges’ outrage was fueled after it was concluded there was no such list, with OCA refusing to allow a search of the computer where the password-locked list was allegedly stored, citing protocols.

Kim is expected to allow a fresh round of investigation into the allegation. Some expect that Kim will also revise the current seniority-based promotion system within the courts.

Kim is best characterized by liberal rulings.

In June 2011, Kim ordered the government to pay 15 billion won ($13 million) to victims who were detained without court-issued warrants and tortured under former President Chun Doo-whan administration. They were convicted of espionage for reciting work of liberal poet after holding a public discussion criticizing the government in 1982.

In 2015, Kim ruled in favor of the Korean Teachers and Education Workers’ Union, recognizing its legal status. It gave the 60,000-member union the right to mount collective action and receive government subsidies.

In a 2014 ruling, Kim recognized that even if a woman soldier had not explicitly protested what she deemed was harassment, it still constituted sexual harassment. He did so citing the strict hierarchical chain of command in the military dominated largely by male-oriented rules.

Kim drew commendation for helping organizing the first academic forum to raise awareness on the need for equal rights protection for sexual minorities with Seoul National University Center for Public Interests and Human Rights.

Kim is for the abolition of the military law that criminally punishes homosexual soldiers for having sexual intercourse.

Kim helped translate the United Nations’ handbook on human rights into Korean.

His appointment requires a majority vote at the National Assembly confirmation hearing attended by a majority of 299 assemblymen.

The hearing will be held early next month.