Cheong Wa Dae, top court clash over justice nomination
Summary
Cheong Wa Dae said Friday that President Lee Jae Myung rejected Supreme Court Chief Justice Cho Hee-dae’s request to appoint his recommended nominee as a new justice. The office asked Cho to recommend another candidate instead of Son Bong-gi, a senior judge at the Daegu District Court. The move would keep open a vacancy on the 14-member Supreme Court that has lasted for more than five months. It also raises a constitutional question over whether a president can reject the chief justice’s recommendation.
Key Facts
- Cheong Wa Dae said it would not submit an appointment consent motion for Son Bong-gi to the National Assembly.
- The office said Cho’s written recommendation was submitted on Aug. 18 without substantive prior consultation.
- Former Justice Noh Tae-ak retired in March, creating the vacancy that Son was meant to fill.
- Under Article 104 of the Constitution, Supreme Court justices are appointed by the president upon the chief justice’s recommendation and with the National Assembly’s consent.
- The Constitution and the Court Organization Act do not explicitly say whether a president can reject the chief justice’s recommendation.
President rejects chief justice's Supreme Court pick, asks for new nominee
Supreme Court Chief Justice Cho Hee-dae arrives at the Supreme Court in Seoul’s Seocho District for work, Friday. Yonhap
Cheong Wa Dae said Friday that President Lee Jae Myung rejected Supreme Court Chief Justice Cho Hee-dae’s request to appoint his recommended nominee as a new justice — an unprecedented refusal that departed from the customary coordination between the two sides.
Presidential spokesperson Kang Yu-jung said Lee asked Cho to recommend another candidate instead of Son Bong-gi, a senior judge at the Daegu District Court, to succeed former Justice Noh Tae-ak, who retired in March.
Cheong Wa Dae also said it would not submit an appointment consent motion for Son to the National Assembly.
“The recommendation of a successor to former Justice Noh failed to fully meet procedural requirements,” Kang said during a briefing at Cheong Wa Dae.
Kang went on to say that the recommendation was submitted in writing on Aug. 18 without substantive prior consultation with Cheong Wa Dae.
Kang noted that the nominee would become the first Supreme Court justice appointed under the Lee administration, which she described as “founded on popular sovereignty.”
She stressed that the selection process therefore must be acceptable to the public, regardless of its outcome.
“It is deeply regrettable that the judiciary abandoned the practice of prior coordination, thereby weakening the foundation that has sustained its independence,” Kang said. “We have accordingly asked Chief Justice Cho Hee-dae to recommend another candidate.”
The unprecedented move brings the president’s appointment authority into direct conflict with the chief justice’s authority to recommend Supreme Court justice nominees, further straining the already uneasy relationship between Lee and Cho.
The decision also extends a vacancy on the 14-member Supreme Court that has persisted for more than five months.
Under Article 104 of the Constitution, Supreme Court justices are appointed by the president upon the recommendation of the chief justice and with the consent of the National Assembly.
Candidates are initially screened by the Supreme Court Justice Candidate Recommendation Committee. The chief justice selects a nominee from its shortlist and recommends the candidate to the president.
The president then submits an appointment consent motion to the National Assembly. The nominee undergoes a parliamentary confirmation hearing before lawmakers vote on the appointment, after which the president formally appoints the justice if the motion is approved.
Neither the Constitution nor the Court Organization Act explicitly states whether a president can reject the chief justice’s recommendation, adding constitutional significance to Lee’s decision.
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