Supreme Court justice 'passing nomination' without presidential consultation heightens conflict between Chief Justice and ruling party

Tensions between South Korea's judiciary and the ruling party have intensified as Chief Justice Cho Hee-dai nominated Supreme Court justice candidates without prior consultation with the presidential office. This unusual step escalates a conflict that has been simmering since a controversial Supreme Court ruling on President Lee Jae-myung's election law violation case.

The nomination of Supreme Court justices typically involves consultation between the Chief Justice and the presidential office to agree on candidates before they proceed to parliamentary confirmation. However, Chief Justice Cho bypassed this convention, leading to heightened friction with President Lee's administration. This departure from established practice is seen as a significant escalation, particularly given the history of disagreements between the Chief Justice and the ruling Democratic Party.

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The presidential appointment of Supreme Court justices is not a mechanical power. It functions to check the Supreme Court Chief Justice's power of selecting justices.

The current dispute traces back to the nomination process for a previous Supreme Court vacancy. The Supreme Court Justice Recommendation Committee proposed four candidates, but the President's office favored one, Judge Kim Min-ki, while Chief Justice Cho reportedly opposed Kim's nomination due to his wife being a sitting Constitutional Court justice. This impasse reportedly led to significant friction, delaying the appointment for nearly six months.

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The Chief Justice is effectively refusing to make a nomination.

Chief Justice Cho's subsequent nomination of Judge Son Bong-ki, who was among the candidates previously considered, for a different vacancy, has further fueled the conflict. The broader political context includes the Supreme Court's swift review and reversal of a lower court ruling that found President Lee guilty of violating election laws. The Democratic Party had accused the judiciary of interfering in the presidential election, and following Lee's victory, calls for the Chief Justice's impeachment emerged.

Further complicating matters are allegations regarding the Chief Justice's meetings with former Prime Minister Han Duck-soo before the presidential election to discuss judicial matters, which Cho has dismissed as baseless conspiracy theories. The ruling party has also criticized the Chief Justice's opposition to proposed judicial reforms. The ongoing standoff over the Supreme Court nominations signals a deepening rift between the branches of government, with the ruling party now calling for the Chief Justice's impeachment.

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Passing over the president is not denying the president as an individual, but denying the democratic legitimacy of the people who elected the president. I have previously called for the impeachment of Chief Justice Cho Hee-dai. Today, another reason has been added. Now it is up to the National Assembly to respond.