Chief Justice Cho Hee-dae Says Cheong Wa Dae's Claim of "Procedural Flaw in Recommendation" Is Difficult to Accept

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

Supreme Court Chief Justice Cho Hee-dae has directly countered Cheong Wa Dae's stance regarding the issue of Supreme Court justice recommendations, stating that "it is difficult to accept the reason that 'there is a procedural flaw in the recommendation process.'"

Chief Justice Cho released an official statement on the morning of the 23rd, explaining, "As various interpretations have been presented regarding yesterday's (22nd) statement and clear explanations have been requested, I am providing this clarification."

Chief Justice Cho's statement from yesterday read, "The document regarding Cheong Wa Dae's request for a re-recommendation dated August 28 does not state the specific reasons or constitutional grounds for requesting a re-recommendation, and no other specific constitutional grounds or reasons can be found to justify the re-recommendation request. Therefore, we cannot comply with the request for re-recommendation."

As various interpretations emerged regarding this, Chief Justice Cho explained on this day, "The official document requesting a re-recommendation does not clearly state the reasons for the request. According to the wording of the official document, clear grounds and reasons must be presented so that its validity is undisputed and procedures in accordance with the Constitution and laws can proceed."

This is interpreted as clarifying the stance that it is difficult to proceed with subsequent procedures because Cheong Wa Dae did not present specific reasons and legal grounds for the re-recommendation request, and there are doubts regarding the constitutional basis.

Chief Justice Cho emphasized, "In particular, regarding the request for re-recommendation, the reason that a 'procedural flaw in the recommendation process' exists, as reported through the media and other channels, is difficult to accept based on the provisions of the Constitution and laws."

However, regarding the part in the previous day's statement that "acts of the President under affairs of state shall be executed through documents bearing the countersignature," Chief Justice Cho added, "This is a principled content stating that under Article 82 of the Constitution, acts of state by the President must be made in documents equipped with the proper form and that their interpretation must be based solely on the documents, not an implication that there is a formal defect in the official document."

Chief Justice Cho also expressed his regret over the inconvenience caused by the prolonged vacancy of Supreme Court justices and his intention to make efforts to conclude the procedure promptly.

Chief Justice Cho stated, "I ask for your understanding regarding the delayed release of the statement due to my personal bereavement over my father's passing and preparations for an international event. I feel apologetic to the public for the inconvenience caused by the prolonged vacancy of Supreme Court justices, and I will do my utmost to ensure that the procedure is concluded swiftly."

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