Chief Justice Cho Hee-dae’s father dies, delaying stance on Supreme Court nominee renomination

Chief Justice Cho Hee-dae is keeping vigil at his father’s funeral in a Pohang hospital, and the family has declined condolences from outsiders. The funeral procession is expected on Sept. 1.

Cho’s bereavement comes as the National Assembly’s Legislation and Judiciary Committee examines how candidates for the Supreme Court were recommended. The committee had summoned Cho and Court Administration Minister Noh Kyung-pil as witnesses, but Cho submitted a written notice on Aug. 28 saying he would not attend. Noh is expected to appear alone.

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Requiring the chief justice to testify before the National Assembly about exercising his constitutional authority to recommend justices runs counter to the separation of powers and judicial independence, and conflicts with the purpose of Article 121 of the National Assembly Act, which does not impose a duty on the chief justice to attend and answer questions.

In the notice, Cho argued that requiring him to testify about his constitutional authority to recommend Supreme Court justices would conflict with the separation of powers and judicial independence. He also said it would run counter to the purpose of Article 121 of the National Assembly Act, which does not impose a duty on the chief justice to attend and answer questions in parliament.

Cho had planned to issue an official statement this week after the presidential office rejected his recommendation of Son Bong-ki, a senior judge at Daegu District Court, and asked him to submit a new recommendation. On Aug. 18, Cho had recommended Son as the successor to former Justice Noh Tae-ak and Kim Seong-soo, a senior judge at Seoul High Court, as the successor to Justice Lee Heung-koo. The timing of Cho’s response is now expected to slip.

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I apologize for causing concern among the public.