Manila:The head of the Ministry of Government Legislation, Cho Won-cheol, stated that the president is not necessarily required to appoint a Supreme Court justice as suggested by the chief justice of the Supreme Court.
According to Yonhap News Agency, President Lee Jae Myung and Supreme Court Chief Justice Cho Hee-dae have been at an impasse after Lee rejected a candidate proposed by Cho. The president asked for a new recommendation, citing insufficient prior consultation on the original suggestion. However, Chief Justice Cho argued that Lee's request has no constitutional basis and could threaten the judiciary's independence.
The Constitution mandates that Supreme Court justices are appointed by the president based on the chief justice's recommendation and with the National Assembly's consent. Legal experts are divided on interpreting these constitutional provisions.
Minister Cho Won-cheol sided with President Lee during a parliamentary audit, asserting that the president is not bound by the chief justice's recommendations. He described the chief justice's power to suggest candidates as merely "a form of suggestion." He further argued that it is illogical for the president to seek parliamentary consent for a candidate he does not intend to appoint and insisted that the chief justice would be neglecting constitutional duties by not submitting a new recommendation.