Chief justice says difficult to newly recommend Supreme Court justice due to lack of grounds
Summary
Supreme Court Chief Justice Cho Hee-dae said Tuesday it was difficult to newly recommend a justice because the presidential office did not provide specific reasons or constitutional grounds. He reaffirmed his refusal during a parliamentary audit and apologized for the prolonged vacancy. Cheong Wa Dae had requested a new recommendation after objecting to his earlier recommendation, while Cho declined to take an oath as a witness over separation-of-powers concerns.
Key Facts
- Cheong Wa Dae asked Cho in August to recommend a new candidate to President Lee Jae Myung after citing a lack of procedural completeness in his earlier recommendation.
- Under the Constitution, Supreme Court justices are appointed by the president on the chief justice’s recommendation with the consent of the National Assembly.
- Cho said the presidential office’s document did not explicitly state the specific reasons and constitutional grounds for requesting a new recommendation.
- The ruling Democratic Party of Korea demanded that Cho attend this year’s parliamentary audit as a witness.
- Supreme Court chief justices have customarily left audit sessions after opening remarks with the approval of the parliamentary judiciary committee chair.
Supreme Court Chief Justice Cho Hee-dae speaks during a parliamentary audit of the top court at the National Assembly in western Seoul, Tuesday. Yonhap
Supreme Court Chief Justice Cho Hee-dae said Tuesday it is difficult to comply with the presidential office's request to newly recommend a court justice due to the lack of grounds to do so.
Cho reaffirmed his position over the request during a parliamentary audit of the top court following his refusal last month to recommend a new justice candidate as requested by Cheong Wa Dae.
"As Cheong Wa Dae's document requesting the new recommendation did not explicitly outline the specific reasons and constitutional grounds, it was determined difficult to proceed with follow-up procedures," Cho said.
Cho said he felt apologetic to the public over the prolonged vacancy, vowing efforts to resolve the issue.
Cheong Wa Dae asked Cho to recommend a new candidate to President Lee Jae Myung in August after taking issue with his recommendation, citing a lack of "procedural completeness."
Cho has rejected the request, asking for specific reasons and the constitutional grounds to do so.
Under the Constitution, Supreme Court justices are appointed by the president on the recommendation of the chief justice and with the consent of the National Assembly.
During the audit session, Cho declined to take an oath as a witness, citing the principle of separation of powers among the legislative, executive and judicial branches.
The ruling Democratic Party of Korea has demanded that Cho attend this year's session as a witness. Supreme Court chief justices have customarily left audit sessions after opening remarks at the approval of the head of the parliamentary judiciary committee.
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