Debate Erupts Over Chief Justice's Written Recommendation for Supreme Court Nominees

Cho Hee-dae, the Chief Justice of South Korea, has submitted a written recommendation for Supreme Court nominees to President Lee Jae-myung, prompting a divide between conservative and progressive lawyer groups.

The conservative group, the Lawyers' Association for Human Rights and Unification of Korea, stated on August 20 that the controversy surrounding Cho's written recommendation is "merely a practice and not a legal obligation."

Hanbyeon asserted, "The power to recommend Supreme Court justices is a unique authority granted solely to the Chief Justice by the Constitution," adding that "the recommendation can be made in person or in writing, and there is no legal requirement enforcing one method over the other."

The group also referenced the circumstances surrounding Cho's written recommendation, stating, "The head of the court's administrative office reported to the National Assembly that 'the Chief Justice requested a meeting with the President, but the Blue House did not provide that opportunity, and the written recommendation method was agreed upon in consultation with the Blue House's Chief of Civil Affairs.'" They criticized claims that this was a unilateral notification, calling it a distortion of the facts.

They further noted, "The President's appointment power is merely a formal authority exercised in the capacity of the head of state," and warned that threatening to refuse the appointment based on the form of the recommendation and intimidating the Chief Justice is an unconstitutional act that undermines the separation of powers.

In contrast, the progressive group, the Lawyers for a Democratic Society, condemned the abuse of the recommendation power and attempts to undermine the court's administrative office. They stated, "The recommendation is a duty and obligation assigned to the Chief Justice by the Constitution, not a private authority that can be delayed or reversed until a favorable outcome is achieved."

They added, "The failure to make a recommendation for over five months and attempts to reverse the results of the recommendations are clear abuses of the recommendation power," demanding that the Chief Justice apologize for the misuse of this power and the attempts to undermine the Supreme Court Nomination Committee.

Additionally, they called on the National Assembly to amend the Court Organization Act to establish specific measures to control the abuse of the recommendation power and urged the abolition of the court's administrative office and the establishment of a new judicial administrative body.