▲ Chief Justice Cho Hee-dae delivers greeting remarks during a parliamentary audit of the Supreme Court and other agencies held by the National Assembly's Legislation and Judiciary Committee on October 6.
During a parliamentary audit of the Supreme Court today (October 6), Chief Justice Cho Hee-dae delivered pointed remarks, stating, "The National Assembly and the President cannot interfere with the Chief Justice's recommendation."
At the parliamentary audit of the Supreme Court held at the National Assembly today by the Legislation and Judiciary Committee, when Representative Kim Gi-pyo of the Democratic Party of Korea pointed out that he was not answering after being sworn in as a general witness, Chief Justice Cho pulled out prepared A4 papers and asked, "Will you give me time to answer?"
Chief Justice Cho said, "Since everyone is curious, I will inevitably explain in detail the reasons why I refused to take an oath and testify," citing Article 104 of the Constitution, which states that Supreme Court Justices are appointed by the President with the consent of the National Assembly upon the recommendation of the Chief Justice.
He continued, "Just as the Chief Justice cannot interfere at all in the National Assembly's consent process or the President's appointment process, the National Assembly and the President also cannot interfere in any way with the Chief Justice's recommendation," emphasizing, "The National Assembly's interference in the Chief Justice's recommendation is an unconstitutional act that runs counter to the distribution of powers among state institutions explicitly set forth in the Constitution and the independence of judicial power."
Chief Justice Cho also pointed out that there is no constitutional basis for consulting with the President regarding the recommendation of Supreme Court Justices.
"Although there is no constitutional basis, the Chief Justice has voluntarily cooperated for swift and smooth appointments," he said. "Even if the Chief Justice does not consult, there is no constitutional issue whatsoever, and past presidents have ultimately respected this power of recommendation in the end. The Constitution also places no restrictions whatsoever on written recommendations."
Chief Justice Cho stated, "As for submitting a request for consent to appointment, the Chief Justice's role ends once the recommendation is made under the Constitution," adding that having the National Assembly submit a request for consent to appointment has nothing to do with the Chief Justice's recommendation.
He added, "It can be said that with the recommendation, all of the Chief Justice's constitutional powers and duties are concluded," adding, "Because the National Assembly cannot interrogate matters that have no basis in the Constitution, I state specifically that I have no choice but to refuse to take an oath or testify."
Chief Justice Cho, who was summoned as a general witness today, took an unusually active stance against various allegations raised by the ruling bloc, despite refusing to take a witness oath and testify.
This marks the first time that a Chief Justice has answered questions from lawmakers during a parliamentary audit.
During last year's audit, Chief Justice Cho also remained in his seat for a while after his greeting remarks, but did not answer any questions from lawmakers.
(Photo: Yonhap News)
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