Controversy Grows Over Supreme Court Chief Justice's Written Nomination Process

The controversy surrounding Chief Justice Cho Hee-dae's submission of written nominations for new Supreme Court justices has sparked calls for his resignation, particularly from the ruling party.

Following Democratic Party leader Kim Min-seok's official demand for Cho's resignation, voices advocating for his impeachment have emerged. Some party members suggest that this is an opportunity not only to impeach Cho but also to push for judicial reform, even discussing constitutional amendments.
 

Previously, Cho had not nominated successors for Supreme Court Justices Noh Tae-ak, whose term expired in March, and Lee Heung-gu, who is set to retire in September, for over five months. The Supreme Court's Candidate Recommendation Committee had recommended four candidates to Cho in January, including Kim Min-ki, a judge at the Suwon High Court, Park Soon-young, a judge at the Seoul High Court, Son Bong-ki, a chief judge at the Daegu District Court, and Yoon Sung-sik, a chief judge at the Seoul High Court.

However, on August 18, Cho unexpectedly submitted a written nomination to President Yoon Suk-yeol for Son and Kim as successors to Noh and Lee, breaking the previous practice of in-person nominations.

Cho's actions have drawn criticism from the ruling party, especially following a previous conflict with the government and ruling party over a Supreme Court ruling that overturned a conviction against President Yoon for election law violations.

During a Supreme Council meeting in Busan on August 19, Kim demanded Cho's resignation, stating, "Historically, nominations have been made in consultation with the president, and Cho's actions represent a lawless judicial act. We can no longer refer to him as Chief Justice but rather as the head of legal technicalities."

Kim also directed party members to review legal amendments to prevent loopholes that allow the formation of recommendation committees for each nomination. Senior party members, including floor leader Han Byung-do, have consistently called for Cho's resignation. The Blue House has also criticized the written nomination as an infringement on the president's constitutional authority to appoint justices.

Additionally, some members of the Democratic Party are advocating for the abolition of the Court Administration Office and pushing for Cho's impeachment. Kim Seung-won, the ruling party's representative on the National Assembly's Legislation and Judiciary Committee, has suggested downgrading the Court Administration Office to a Court Affairs Office, while Seo Young-kyo, a Democratic Party lawmaker, has mentioned the possibility of impeaching Cho.

The Legislation and Judiciary Committee is set to summon Cho as a witness for a hearing on August 31, intensifying scrutiny on the Supreme Court.
 

Impeaching the Chief Justice requires the National Assembly's involvement. A motion for impeachment can be initiated with the signatures of at least one-third of the members, and it must be approved by a majority in a plenary session.

Once passed, the Chief Justice's duties are suspended, and a senior justice assumes the role temporarily. The Constitutional Court then conducts an impeachment trial, and if at least six of the nine justices agree, the Chief Justice is removed from office.

While there have been resignations of Chief Justices, none have been impeached. Former Chief Justice Cho Yong-soon stepped down amid political turmoil following the April 19 Revolution, while former Chief Justice Lee Young-seob resigned during the military regime in 1981. Former Chief Justice Kim Yong-cheol resigned in 1988 amid controversies over judicial independence, and former Chief Justice Kim Deok-joo left office in 1993 due to scandals involving public officials' asset disclosures and real estate speculation.
 

The Democratic Party leadership, concerned about potential backlash from an unprecedented impeachment, has recently shifted its focus from impeachment to demanding Cho's resignation, while also seeking judicial reforms such as the abolition of the Court Administration Office.

Legal experts predict that if the Democratic Party pursues impeachment against Cho, it could result in negative consequences for the party.

A lawyer who previously worked in the National Assembly told Aju Economy, "Passing the impeachment motion would ultimately not benefit the Democratic Party or South Korea."

He added, "While the judiciary has made questionable decisions, and Cho has acted in ways that conflict with the current administration, pursuing impeachment based on written nominations is excessive. There is no legal precedent for impeaching a Chief Justice on such grounds."

He further emphasized the need for the judiciary to maintain its independence, especially given the historical context of military dictatorship in South Korea. He noted, "The judiciary should be held accountable for its decisions, and the public's awareness and education levels have evolved, necessitating a degree of democratic legitimacy in the judiciary."

Another lawyer advised that judicial reforms should consider the systems of advanced countries, suggesting that citizens should have a role in the judicial process, such as through jury participation or electing judges. He urged the National Assembly to establish a Judicial Reform Committee to begin research on necessary reforms immediately.