Seoul: The presidential office, Cheong Wa Dae, announced its decision not to nominate one of the two Supreme Court justice candidates recommended by the chief justice. The office has requested the head of the top court to make a new recommendation, highlighting a significant move in the ongoing judicial appointment process.
According to Yonhap News Agency, the announcement came from presidential spokesperson Kang Yu-jung, following an accusation by a presidential official that Supreme Court Chief Justice Cho Hee-dae had overstepped by not adhering to the customary practice of consulting with the president before recommending justice candidates. In August, Chief Justice Cho had put forward two sitting regional court judges for the president's consideration as new Supreme Court justices.
Kang explained that one of Cho's recommendations lacked "procedural completeness," leading Cheong Wa Dae to seek a new candidate rather than submitting the nomination to the National Assembly for approval. Meanwhile, the nomination of the other recommended candidate will be sent to the National Assembly later in the day, as there was a general consensus on his appointment.
Chief Justice Cho's decision to make recommendations in writing, bypassing the customary in-person consultations with the president, has sparked debate. A Cheong Wa Dae official previously accused Cho of infringing on presidential authority, while others argue that the tradition of prior consultations might unconstitutionally compel the chief justice to seek prior approval, potentially undermining the separation of powers.
Kang emphasized that the customary practice of prior consultations served as a check to ensure the Supreme Court was not formed solely based on the preferences of those in power, whether in appointing or recommending justices. She expressed regret that Chief Justice Cho compromised the foundation of judicial independence by not adhering to this practice.
The presidential office defends its request for a new recommendation as a measure to maintain the president's right to make suitable appointments. However, the main opposition People Power Party (PPP) has criticized the move, accusing the ruling party of attempting to invalidate the chief justice's authority and legal rights in nominating justice candidates. PPP leader Rep. Jang Dong-hyeok underscored that such authority is crucial for safeguarding judicial independence.
Some PPP lawmakers have raised concerns that President Lee Jae Myung might be aiming to appoint justices who favor him, anticipating potential trials after his presidency.