President Lee Jae-myung Rejects Chief Justice Cho Hee-dae's Supreme Court Justice Nomination
This incident has deepened the conflict between the judiciary and the executive branches over the appointment of Supreme Court Justices.
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Chief Justice Cho Hee-dae is under controversy for refusing to appear before the National Assembly's Legislation and Judiciary Committee without citing 'precedent,' which had previously been the justification for such refusals. This is interpreted as a consequence of his earlier disregard for the customary pre-consultation with the Blue House during the Supreme Court Justice nomination process.
This incident has deepened the conflict between the judiciary and the executive branches over the appointment of Supreme Court Justices.
With the respect for the President's appointment power emerging as a key issue in this situation, concerns are growing that Chief Justice Cho Hee-dae might form a new recommendation committee, excluding previous candidates, to independently renominate a Supreme Court Justice. Some view this as an attempt at a 'judicial coup' to neutralize the President's appointment power. In particular, criticism has been raised that the Chief Justice is attempting to renominate a candidate to his liking.
The Democratic Party characterized this as a 'complete misreading' of the separation of powers, questioning his qualification as the head of the judiciary. In contrast, the People Power Party defended Chief Justice Cho, arguing that whether the Chief Justice appears before the National Assembly is a matter for him to decide.
It appears he was conscious of the criticism that, as the person who broke precedent himself, it would be difficult to cite precedent again.
This process included listening to and persuading the President regarding candidate pools, which is essential for establishing a stable system that does not cause anxiety for the judiciary, the President, or the public. Respect for the President's appointment power is a core part of the spirit of the separation of powers, contributing to maintaining the balance between the executive and judicial branches.
Unlike the President, who exercises power directly delegated by the people, Chief Justice Cho Hee-dae is merely an appointee of the President. Therefore, the argument is made that his attempt to exercise nomination power by disregarding the President's authority, against popular sovereignty, is not simply judicial independence but rather a 'judicial coup.' The exercise of judicial power against a power elected by the people is criticized as being contrary to democratic principles.
Answers come from the transcript, with the exact spot cited.
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