Supreme Court: 'No constitutional basis found'

Cheong Wa Dae: 'Deeply regrettable, unconstitutional'

President Lee Jae Myung shakes hands with Supreme Court Chief Justice Jo Hee-dae at the 107th March 1 Independence Movement Day ceremony at COEX in Gangnam-gu, Seoul. [Yonhap]
President Lee Jae Myung shakes hands with Supreme Court Chief Justice Jo Hee-dae at the 107th March 1 Independence Movement Day ceremony at COEX in Gangnam-gu, Seoul. [Yonhap]

Supreme Court Chief Justice Jo Hee-dae said Tuesday he would not comply with Cheong Wa Dae's request to re-nominate a candidate for a Supreme Court justice seat.

In a statement released through the Supreme Court that afternoon, Jo said presidential acts under national law must be carried out through documents countersigned by the prime minister and relevant Cabinet members. "The only document related to this re-nomination request is the 'Request for Re-nomination of Supreme Court Justice Candidate' dated Aug. 28," he said. "It contains no specific grounds or constitutional basis for the re-nomination request, and no other specific constitutional basis or justification that would warrant such a request can be found." He added that he could not comply with the request.

Jo's refusal — issued while President Lee Jae Myung was traveling abroad — deepened the standoff between Cheong Wa Dae and the judiciary over the appointment of a Supreme Court justice.

Cheong Wa Dae fired back immediately after Jo's statement, criticizing his position as reflecting the view that the chief justice's nomination authority supersedes the president's appointment power. "This is a perception that violates the Constitution of the Republic of Korea," a Cheong Wa Dae official said. The official added that the presidential office expressed "deep regret" over Jo's announcement that he would not re-nominate a successor to former Justice Noh Tae-ak despite the president's rejection of the original nomination.

Jo had nominated Son Bong-gi, a senior judge at the Daegu District Court, on Aug. 18 as a successor to Noh. Cheong Wa Dae rejected the nomination on Aug. 28, calling it a "unilateral written nomination made without substantive consultation," and said it would not submit Son's appointment for National Assembly approval. It then called on Jo to re-nominate a different candidate from among those already recommended by the existing Supreme Court Justice Candidate Recommendation Committee, excluding Son. At the time, Jo said he would issue an official position the following week, but the announcement was delayed after he suffered the loss of his father.

Even after Jo returned from bereavement leave, he remained silent, prompting Cheong Wa Dae to renew its demand. At a briefing on Sept. 11, Cheong Wa Dae Chief Spokesperson Kang Yu-jung said the presidential office was doing everything possible to ensure the follow-up process did not impede citizens' right to seek a fair trial. "We hope the chief justice will respect the recommendation committee's recommendations and proceed with the re-nomination as swiftly as possible, so that citizens' right to a trial is not infringed upon by a prolonged vacancy on the Supreme Court bench," she said. The ruling Democratic Party of Korea also pressed Jo to re-nominate.

Article 104, Paragraph 2 of the Constitution stipulates that Supreme Court justices are appointed by the president upon the recommendation of the chief justice and with the consent of the National Assembly. Cheong Wa Dae has argued on that basis that the president holds substantive appointment authority. Jo, in effect, pushed back by pointing out that no specific constitutional grounds or justification for demanding a re-nomination had been presented.


yg@heraldcorp.com