Chief Justice Cho Hee-dae emphasized the importance of the rule of law amid changes in the judicial system, while Seo Young-kyo, chairwoman of the National Assembly's Legislative and Judiciary Committee, stressed the need for judges to pursue truth unequivocally.
Tensions between the government and the Supreme Court continue over the controversy surrounding Supreme Court justice appointments, as both leaders delivered contrasting messages at the 34th Lawyers' Conference for the Rule of Law held on August 24 in Seoul.
In his address, Chief Justice Cho highlighted the critical value of the rule of law during a time of significant transformation in the judicial system. He stated, "As the judicial system undergoes major changes, the value of the rule of law, which controls the arbitrary exercise of state power and protects the freedoms and rights of the people, is more precious than ever."
He added, "The courts have a duty to exercise the judicial authority entrusted to them by the people in accordance with the Constitution, laws, and their conscience, thereby practically implementing the rule of law. The judiciary will steadfastly pursue its fundamental mission of 'swift and fair trials.'"
Chief Justice Cho also underscored the judiciary's efforts to protect the rights of defendants. He explained that the Supreme Court confirmed in February that the right to confidentiality between a lawyer and client is a core aspect of the constitutionally guaranteed 'right to counsel,' and that evidence collected in violation of this right would be deemed inadmissible, thus laying the groundwork for protecting the rights of the people.
He acknowledged the concerns raised regarding recent changes in the judicial system, stating, "The judiciary takes seriously the various concerns surrounding recent changes in the judicial system and will do its utmost to ensure that the system is established for the benefit of the people through communication with the legal community."
In contrast, Chairwoman Seo directly addressed Chief Justice Cho, emphasizing that the judiciary must pursue truth and fairness more rigorously.
Seo remarked, "Although the Chief Justice is present, judges must pursue truth unequivocally and must not be biased." She further stated to Cho, "Isn't it a bit awkward between us these days? Please carry the weight of your position more truthfully," a comment likely reflecting the ongoing tensions between the judiciary and the political sphere over the controversy surrounding Supreme Court appointments.
Seo also provided insights into the current government's direction for judicial reform. Regarding the revised Criminal Procedure Act, she asserted, "It is not that prosecutors are not investigating; rather, the investigations previously conducted by prosecutors have been transferred to the Serious Crimes Investigation Agency. Supplementary investigations have not disappeared; they can still be requested from the police."
Meanwhile, Kim Sang-hwan, president of the Constitutional Court, also attended the event and shared his views on changes in the judicial system. He referred to the system of judicial review implemented in March, stating, "I urge all legal professionals involved in the process of interpreting and realizing the law to recognize the supreme normativity of the Constitution more clearly and to reflect humbly on their judgments from the 'constitutional perspective.'"
He emphasized that while the judicial system must continuously evolve to keep pace with changing times, any changes must not deviate from the values pursued by the Constitution and the protection of the fundamental rights of the people, highlighting the importance of fair procedures and the actual protection of citizens' rights alongside efficiency and speed.
* This article has been translated by AI.
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