Chief Justice Cho Hee-dae Delays Supreme Court Justice Nomination, Is He Trying to Negotiate?
Translated from Korean, summarized and contextualized by DistantNews.
At a glance
- The Chief Justice of the Supreme Court, Cho Hee-dae, has delayed nominating a successor for a retired justice for nearly six months, leaving a vacancy.
- A proposal for a '1+1 simultaneous nomination' for both the retired justice's vacancy and an upcoming one is gaining traction, suggesting a potential political deal.
- Critics argue this move politicizes the judiciary and that the Chief Justice's actions contradict his emphasis on swift trials.
South Korea's judiciary is facing an unprecedented situation as Chief Justice Cho Hee-dae continues to delay nominating a replacement for Justice Roh Tae-hak, who retired in March. This prolonged vacancy at the Supreme Court, now nearing six months, has raised serious concerns and fueled speculation about political maneuvering.
The situation has intensified with the upcoming retirement of Justice Lee Heung-gu on September 7. A proposal for a "1+1 simultaneous nomination", filling both the existing vacancy and the upcoming one at the same time, is reportedly gaining momentum. This has led to accusations that Chief Justice Cho is intentionally withholding nominations to negotiate a political deal with President Lee Jae-myung, who holds the power of appointment.
Is the Chief Justice trying to make a deal?
If these suspicions are true, critics argue that the Chief Justice, who is seen as acting like a "tyrant," would be politicizing the judiciary. Cho's own words at a recent meeting of the Supreme Court Justice Recommendation Committee, where he apologized for not finalizing a previous recommendation and expressed intent to "work hard together on both" upcoming nominations, seem to support this interpretation.
If this is true, it is difficult to avoid criticism that the Chief Justice, who considers himself a 'tyrant,' is politicizing the judiciary.
The delay is particularly problematic as the Supreme Court's Third Division, currently operating with three justices including Lee Heung-gu, risks becoming non-functional when Lee's term ends without a successor. This situation directly contradicts Chief Justice Cho's stated commitment to swift trials.
Furthermore, Cho Hee-dae has faced pressure to resign due to his handling of politically charged trials that have allegedly eroded public trust in the judiciary. The article contends that the current system, where the Chief Justice holds significant nomination power, is a legacy of the authoritarian Yushin Constitution and should be abolished through constitutional reform. The prolonged vacancy and the alleged political bargaining surrounding it highlight the urgent need for judicial reform.
I am so sorry that we have not been able to finalize the good recommendation from last time. We will all work hard together going forward.
Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.