Chief Justice Cho Hee-dae Nominates Two Supreme Court Justices in Written Notice to Cheong Wa Dae, Breaking Tradition

Chief Justice Cho Hee-dae has nominated Daegu District Court Senior Judge Son Bong-ki (60, Judicial Research and Training Institute class 22) and Seoul High Court Senior Judge Kim Sung-su (57, class 24) to President Lee Jae-myung as successors to former Supreme Court Justice Noh Tae-ak and Supreme Court Justice Lee Heung-goo yesterday (August 18).

Breaking with the traditional practice in which the Chief Justice consults with the President before visiting to make an "in-person nomination," Chief Justice Cho reportedly issued a "written notice" containing the candidates directly to Cheong Wa Dae without prior coordination, signaling that considerable fallout is inevitable.

The Supreme Court stated, "In accordance with Article 104, Paragraph 2 of the Constitution, Chief Justice Cho has nominated Daegu District Court Senior Judge Son Bong-ki as the successor to former Supreme Court Justice Noh Tae-ak, who retired in March, and Seoul High Court Senior Judge Kim Sung-su as the successor to Supreme Court Justice Lee Heung-goo, who is set to retire next month."

Article 104, Paragraph 2 of the Constitution stipulates that "Supreme Court Justices shall be appointed by the President upon the nomination of the Chief Justice and with the consent of the National Assembly."

Although the constitutional authority to nominate Supreme Court Justices rests with the Chief Justice, it has been customary for Cheong Wa Dae and the Chief Justice to consult and reach an agreement before finalizing a candidate.

Once coordination was completed, the Chief Justice would traditionally visit the President to deliver the nomination in person.

However, it was found that Chief Justice Cho broke this tradition by submitting the candidates in writing.

Chief Justice Cho also did not visit Cheong Wa Dae that day.

Reports indicate that no agreement was reached between Cheong Wa Dae and the judiciary regarding the nomination of Senior Judge Son Bong-ki as the successor to former Justice Noh, an issue on which the two sides had shown differences.

Last January, the Supreme Court Justice Recommendation Committee recommended four candidates to succeed Justice Noh: Seoul High Court High Court Judges Kim Min-ki (55, class 26) and Park Soon-young (59, class 25), Seoul High Court Senior Judge Yoon Sung-sik (57, class 24), and Senior Judge Son Bong-ki. However, Chief Justice Cho had delayed making a nomination.

The prevailing view was that the appointment had been delayed because Cheong Wa Dae favored female legal professional and liberal-leaning High Court Judge Kim Min-ki as its top choice, while the judiciary held a different stance.

The Chief Justice was reportedly inclined to prioritize Senior Judge Yoon Sung-sik.

Within the judiciary, concerns were raised that High Court Judge Kim was an inappropriate choice because she is the spouse of Constitutional Court Justice Oh Young-joon, who was appointed under the current administration as a presidential pick.

Ultimately, Justice Noh stepped down in March without a successor, leading to a vacancy on the Supreme Court bench that has lasted for over five months.

With Supreme Court Justice Lee Heung-goo also facing retirement on the 7th of next month, the prevailing outlook had been that Cheong Wa Dae and the judiciary would actively seek coordination to avoid a situation involving "two simultaneous Supreme Court vacancies."

Although Chief Justice Cho ultimately proceeded with a "simultaneous nomination" for both the successor to Justice Noh and the successor to Justice Lee, the fact that it was an "unilateral nomination" without consultation with Cheong Wa Dae is expected to fuel friction.

Because prior consultation to finalize candidates has been the customary practice, there is no precedent of a President rejecting a nominated candidate. However, with no prior coordination this time, it remains uncertain whether the President will proceed with their appointments as submitted.

The ruling bloc, which previously even raised the possibility of "impeaching Chief Justice Cho Hee-dae" over the delayed Supreme Court nominations, is likely to renew its offensive against the Chief Justice following this nomination.

Announcing the nominations, the Supreme Court explained, "We comprehensively considered the basic qualifications required for a Supreme Court Justice, including professional legal knowledge, rational and impartial judgment capabilities, a firm belief in judicial independence and the protection of citizens' fundamental rights, and a commitment to protecting the socially disadvantaged and minorities, as well as judicial demeanor, morality and character aligned with public expectations, and the diversity of the Supreme Court's composition."


Daegu District Court Senior Judge Son Bong-ki was born in Busan and graduated from Dalseong High School and Korea University College of Law.

He has served as a "local judge" in the Daegu and Ulsan regions, a judicial research officer at the Supreme Court, and a professor at the Judicial Research and Training Institute.

He served as Chief Judge of the Daegu District Court during the tenure of Chief Justice Kim Myeong-su and has been recommended as a Supreme Court Justice candidate since 2021.

In 2015, he presided over the trial for the so-called "Sangju pesticide cider" case as a citizen participation trial, sentencing the defendant to life imprisonment in the first trial.

At the time, the trial ran for a record-breaking five consecutive days. The Supreme Court explained that this demonstrated how complex cases could be effectively handled through thorough and efficient trials via citizen participation, allowing the jury's judgment to be reflected.

Senior Judge Son was appointed as Chief Judge of the Daegu District Court in 2019 under the court's first-ever chief judge recommendation system introduced in judicial history.

He has been evaluated for contributing to the creation of a democratic and horizontal judicial administration culture through his humble attitude and outstanding communication skills.

The Supreme Court introduced him as "an orthodox judge equipped with profound legal knowledge and exceptional practical competence," adding that "he has earned deep trust from litigation parties through smooth trial management and logical, persuasive reasoning."

Senior Judge Son is known to be the first serving district court senior judge to be nominated as a Supreme Court Justice candidate.

Seoul High Court Senior Judge Kim Sung-su was born in Hampyeong, Jeollanam-do, and graduated from Gwangju Insung High School and Hanyang University College of Law.

He began his judicial career in 1998 as a judge at the Gwangju District Court and has since served as a judge at the Haenam Branch of the Gwangju District Court and the Seoul High Court, as well as an ethics audit coordinator for the National Court Administration, Senior Judge at the Jeju District Court, Senior Presiding Judge at the Cheongju District Court, and Chief Professor at the Judicial Research and Training Institute.

In 2015, Senior Judge Kim served as the presiding judge for the appellate trial of former National Intelligence Service Director Won Sei-hoon, who was indicted over allegations of NIS interference in the presidential election. He overturned the lower court's sentence of imprisonment with prison labor suspended, sentencing him to three years of actual imprisonment and placing him under court custody.

In January of this year, regarding defendants who staged riots at the Seoul Western District Court in protest against the issuance of an arrest warrant for former President Yoon Suk Yeol, he pointed out that "such acts lead to anti-constitutional outcomes where the court cannot fully perform its constitutional roles and functions," and handed down guilty verdicts.

The Supreme Court introduced him as "an orthodox judge equipped with both outstanding trial practice and judicial administration skills," noting that "he enjoys trust and respect from court members due to his warm character and has earned deep trust from litigation parties."

Evaluations suggest that by nominating Senior Judge Son Bong-ki, a regional judge from the Yeongnam area, and Senior High Court Judge Kim Sung-su, who hails from Honam, Chief Justice Cho sought to promote diversity in the composition of the Supreme Court.

Both candidates are graduates of universities other than Seoul National University.

They are evaluated as having low political coloring and strong competencies in legal knowledge and practical application.

Even if President Lee submits the appointment consent motion to the National Assembly in accordance with the Chief Justice's nomination, the appointment process is expected to take time.

The National Assembly must hold a personnel hearing to examine the candidates' qualifications and submit the consent motion to a plenary session for a vote.

A majority of registered lawmakers must be present, and a majority of those present must vote in favor.

Once the appointment consent motion passes the plenary session, the President formally appoints the new Supreme Court Justices.

Even if the personnel selection process proceeds without disruption, avoiding a "two-justice vacancy" on the Supreme Court appears difficult.

Typically, it takes over a month from a nomination to final appointment, whereas Justice Lee's retirement is only about three weeks away.

Concerns are rising that if the Supreme Court personnel issues are not resolved in a timely manner, rulings by the full bench on high-profile cases—such as the "three major allegations" involving First Lady Keonhee, and the charges against former Prime Minister Han Duck-soo and former Minister of the Interior and Safety Lee Sang-min regarding their involvement in major insurrection duties—could be delayed.

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.