Dispute over re-nomination of Supreme Court justices spills into Constitutional Court audit

Son In-hyuk, secretary general of the Constitutional Court, delivers an institutional report at the Legislation and Judiciary Committee's national audit of the court at the National Assembly on Tuesday. [Yonhap]
Son In-hyuk, secretary general of the Constitutional Court, delivers an institutional report at the Legislation and Judiciary Committee's national audit of the court at the National Assembly on Tuesday. [Yonhap]

Son In-hyuk, secretary general of the Constitutional Court, said Tuesday that when the president sends a request for National Assembly consent to appoint a Supreme Court justice, it should naturally be understood as presupposing the appointment.

Son made the remarks at the Constitutional Court's national audit session before the Legislation and Judiciary Committee, responding to a question from Democratic Party of Korea lawmaker Kim Dong-a, who asked whether the president should request a re-nomination from the chief justice if he does not wish to appoint a particular candidate. "Asking the National Assembly whether it consents is itself a request for consent to the appointment," Son said.

When asked whether sending a consent request to the National Assembly amounts to a request premised on the intention to appoint, Son said, "I think it is natural to interpret it that way."

Article 104, Paragraph 2 of the Constitution states that Supreme Court justices are appointed by the president upon the recommendation of the chief justice and with the consent of the National Assembly. The remarks came amid an ongoing dispute between President Lee Jae Myung and Chief Justice Jo Hee-dae over the selection of Supreme Court justices — specifically, whether the president is required to submit a consent request to the National Assembly regardless of whether he intends to proceed with an appointment, in order to preserve the Assembly's constitutional right of consent. Son's comments represented the Constitutional Court's position on the matter.

Son also said it was "not a constitutionally desirable state of affairs" when Democratic Party lawmaker Lee Sung-yoon asked whether the chief justice's refusal to comply with the president's re-nomination request amounted to a dereliction of duty, noting that the seat left vacant by former Supreme Court Justice Noh Tae-ak had been empty for 223 days.

The People Power Party filed a competence dispute with the Constitutional Court last month, arguing that President Lee had violated the National Assembly's authority by demanding a re-nomination rather than submitting a consent request to the Assembly for Daegu District Court Senior Judge Son Bong-gi. Related questions and answers also came up during Tuesday's audit.

When Democratic Party lawmaker Kim Han-gyu asked how the case was proceeding at the Constitutional Court, Son said he understood that "at the current stage, the case has been received and the direction for handling it is being discussed." Asked whether the case might be subject to dismissal, Son said, "Looking at precedent, such a judgment is possible."


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