Executive and Judicial Branches Clash Over 'Judicial Composition'
\r\nThe Presidential Office and the Supreme Court have come into direct confrontation over the nomination of a Supreme Court Justice.
\r\n\r\nAccording to political circles on the 23rd, the Presidential Office stated after Chief Justice Cho Hee-dae's additional statement that day: "Any attempt to exclude legally recommended candidates for Supreme Court Justice from the submission list is what undermines procedural fairness."
\r\n\r\nThe Presidential Office raised an issue with the fact that the Supreme Court recommended four candidates pursuant to the Court Organization Act, yet the Supreme Court contacted the candidates individually to confirm their intent to resign.
\r\n\r\nThe conflict began with the selection of a successor to former Supreme Court Justice Noh Tae-ak.
\r\n\r\nThe Supreme Court Justice Recommendation Committee recommended four candidates in January: Kim Min-gi and Park Sun-young, judges at the Seoul High Court, Yoon Sung-sik, a senior judge at the Seoul High Court, and Son Bong-gi, a senior judge at the Daegu District Court.
\r\n\r\nChief Justice Cho submitted Judge Son as a Supreme Court Justice candidate on the 18th of last month, but the Presidential Office requested resubmission on the 28th of that month, citing "lack of procedural completeness."
\r\n\r\nIn response, Chief Justice Cho stated on the 22nd: "I cannot find specific constitutional grounds and reasons to justify the request for resubmission," effectively refusing.
\r\n\r\nThe Presidential Office immediately countered: "The Chief Justice's submission authority being superior to the President's appointment authority is a recognition that violates the Constitution," and "the notion that the President must appoint whoever the Chief Justice submits would render the President's appointment authority meaningless."
\r\n\r\nChief Justice Cho issued an additional statement a day later and countered again.
\r\n\r\nHe stated: "The official document dated the 28th of last month requesting resubmission does not clearly specify the reasons for the resubmission request," and "based on the language of the official document, specific grounds and reasons must be presented for the procedure to proceed in accordance with the Constitution and laws."
\r\n\r\nRegarding the 'procedural defects in the submission process' raised by the Presidential Office, he stated: "It is difficult to accept based on the provisions of the Constitution and laws."
\r\n\r\nRegarding the expression 'presidential acts of state must be conducted through documents' mentioned the previous day, he clarified that this does not imply there are formal defects in the Presidential Office's official document itself.
\r\n\r\nChief Justice Cho, regarding the prolonged vacancy in the Supreme Court Justice position, stated: "I apologize for the inconvenience to the people," and "I will do my best so the procedures can be completed promptly."
\r\n\r\nAt the center of the dispute is Article 104, Paragraph 2 of the Constitution.
\r\n\r\nThe Constitution stipulates that Supreme Court Justices are appointed by the President with the consent of the National Assembly upon the Chief Justice's submission.
\r\n\r\nThe Supreme Court maintains the position that there is no clear constitutional or legal basis for the President to request resubmission of legally submitted candidates, while the Presidential Office takes the position that the President's appointment authority is also an independent constitutional power and therefore the Chief Justice's submission cannot substantively bind the President's judgment.
\r\n\r\nA personnel conflict over a specific candidate has escalated into a clash over the scope of the President's appointment authority and the Chief Justice's submission authority, and more broadly, over the authority to compose the judiciary.
\r\n\r\nThe successor position to former Justice Noh has remained vacant for over 200 days.
\r\n\r\nA political source said: "The delay in the composition of the Supreme Court itself makes it difficult for the normal operation of the separation of powers," and "the longer the conflict persists, the greater the political burden will inevitably become."