As backlash grows from the ruling party over Chief Justice Cho Hee-dae's written nomination of Supreme Court candidates, Noh Kyung-pil, head of the Court Administration, stated, "This is not meant to provoke a fight." The Supreme Court has expressed that it could not delay the nominations further due to ongoing disagreements over candidates and the potential for additional vacancies on the court.
During a session of the National Assembly's Judiciary Committee on August 19, Noh responded to a question from Democratic Party lawmaker Park Ji-won, who asked if Cho was attempting to disregard the president and the National Assembly by provoking a conflict. Noh clarified, "The Chief Justice does not intend to fight."
In response to concerns that the simultaneous nominations of Cho's successor and the successor to retiring Justice Lee Heung-gu could be seen as political maneuvering, Noh stated, "I do not believe this is judicial politics."
When asked if it was acceptable to disregard the president and the National Assembly, he only replied, "We were instructed to make nominations quickly until the very end." This is interpreted as a reference to the ruling party's criticism of the delays in nominating a successor to former Justice Noh Tae-ack.
On the previous day, Chief Justice Cho nominated Son Bong-ki, a senior judge at the Daegu District Court, and Kim Sung-soo, a senior judge at the Seoul High Court, to President Lee Jae-myung.
The controversy surrounding this nomination stems from the fact that it was made in writing, rather than the customary face-to-face process, without final agreement from the Blue House. According to the Constitution, Supreme Court justices are appointed by the president upon the recommendation of the Chief Justice, with the National Assembly's consent required. There is no separate provision mandating prior agreement on candidates with the president.
Legal sources indicate that since the Supreme Court's candidate recommendation committee proposed four candidates for Noh's successor in January, there have been ongoing disagreements over the final nominee.
The Blue House reportedly prioritized Kim Min-ki, a senior judge at the Seoul High Court, considering the symbolic significance of appointing the first Supreme Court justice under the Lee Jae-myung administration. In contrast, the Supreme Court initially considered Yoon Seong-sik, a senior judge at the Seoul High Court, but difficulties arose when Yoon was appointed as the presiding judge for the National Security Trial Division.
Subsequently, the Supreme Court reviewed other candidates, including Park Soon-young, but failed to reach a consensus, leading to Son being proposed as a "third candidate." Son is noted for his long tenure in the Yeongnam region and is regarded as a judge without a distinct ideological bias.
The Supreme Court's nomination of Son is interpreted as an attempt to find a compromise with the Blue House. However, as the retirement of Justice Lee approaches without a final agreement, it appears that Chief Justice Cho felt compelled to act on the nominations without further delay.
The position left vacant by former Justice Noh has been unfilled for over five months. If Justice Lee also retires, two Supreme Court justices will be vacant simultaneously, potentially disrupting major appellate hearings.
The ruling party has strongly opposed the written nomination. Some members of the Democratic Party have labeled it a "challenge to presidential appointment authority," even suggesting the possibility of impeachment against Chief Justice Cho.
The response from the Blue House is expected to influence the level of conflict between the judiciary and the ruling party. Whether the Blue House accepts the nomination and submits it to the National Assembly for approval, or engages in further discussions with the Supreme Court, will determine the direction of the upcoming Supreme Court appointments.
* This article has been translated by AI.
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