Chief Justice Cho Hee-dae: "Hard to Accept Cheong Wa Dae's Claim of Procedural Flaws in Recommendation"

▲ Chief Justice Cho Hee-dae arrives at the Supreme Court in Seocho-gu, Seoul, on the 23rd.

Supreme Court Chief Justice Cho Hee-dae issued another statement today (the 23rd) regarding the nomination of a Supreme Court justice, directly refuting Cheong Wa Dae's position by stating, "It is difficult to accept the reasoning that 'procedural flaws exist in the recommendation process.'"

On August 28 of last month, Cheong Wa Dae requested a re-recommendation for a Supreme Court justice, stating, "The recommendation of candidate Son Bong-ki lacks sufficient procedural completeness."

Chief Justice Cho released a follow-up statement just a day later, explaining, "As various interpretations and requests for clear explanations have been raised regarding the statement [released] yesterday, I am providing this clarification."

The content of Chief Justice Cho's statement from the previous day reads: "The official document regarding Cheong Wa Dae's August 28 re-recommendation request does not state the specific reasons or constitutional basis for requesting a re-recommendation, and no other specific constitutional basis or reasons can be found to justify the re-recommendation request. Therefore, we cannot comply with the re-recommendation request."

As various interpretations emerged, Chief Justice Cho elaborated today, saying, "The official document requesting re-recommendation does not clearly state the reasons for the request. Under the wording of the official document, clear grounds and reasons must be presented so that its validity is undisputed and procedures can proceed in accordance with the Constitution and laws."

This is interpreted as making clear his stance that since Cheong Wa Dae failed to present specific reasons and legal grounds for the re-recommendation request, and questions remain regarding the constitutional basis, it is difficult for him to proceed with subsequent procedures.

Chief Justice Cho emphasized, "In particular, regarding the re-recommendation request, the reason that 'procedural flaws exist in the recommendation process,' as reported through media outlets and others, is difficult to accept based on the provisions of the Constitution and laws."

However, regarding the portion of his previous day's statement that "an official act of the President under the law shall be executed through a countersigned document," Chief Justice Cho explained, "This is a principled statement that, pursuant to Article 82 of the Constitution, official acts of the President must be made in documents possessing formal requirements and that their interpretation must rely solely on the documents, and it does not imply that there is a formal defect in the official document."

Chief Justice Cho also expressed regret over the inconveniences caused by the prolonged vacancy of a Supreme Court justice and stated that he would endeavor to ensure the procedures are concluded swiftly.

He stated, "I ask for your understanding regarding the delayed timing of this statement due to my personal bereavement over my father's passing and preparations for international events. I feel apologetic for the public inconvenience caused by the prolonged vacancy of a Supreme Court justice, and I will do my utmost to ensure the procedures are swiftly concluded."

(Photo: Yonhap News)

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