Sanaa:At the National Assembly audit, Supreme Court Chief Justice Cho Hee-dae addressed President Lee Jae Myung's recent request for a new nominee for the top court, asserting that the president lacks the authority to interfere in the recommendation process.
According to Yonhap News Agency, Cho emphasized the separation of powers and judicial independence, initially refusing to testify under oath and instead reading a prepared statement. He stated that neither the National Assembly nor the president could interfere in the chief justice's recommendation process, similar to how the chief justice cannot interfere in their processes.
During this rare appearance, Cho engaged with lawmakers' questions, a departure from previous practices where chief justices only read statements, leaving the minister of National Court Administration to respond. This session included partisan and politicized questions, putting Cho in the midst of heated exchanges.
The dispute arose when Cho recommended Sohn Bong-ki to fill a Supreme Court vacancy, which the presidential office rejected, citing a lack of prior consultation. Cho argued that such consultation is customary but not constitutionally required, asserting his authority under Article 104 of the Constitution. He stated that any intervention in the nomination process is unconstitutional.
On Tuesday, the presidential office again requested a new nomination from Cho. The ongoing disagreement highlights the tension between respecting the judiciary's independence and the executive's expectations, with both sides under pressure to maintain their stances.
The public dispute between the judiciary and the presidency raises concerns about the separation of powers, with calls for dialogue and consultation to resolve the issue. Cho's past rulings and the administration's apparent move to nominate more liberal judges add further complexity to the situation. Observers hope for a resolution, perhaps through the Constitutional Court, to ensure the spirit of the Constitution is upheld.