Cheong Wa Dae: Supreme Court Justice Nomination Lacked Procedural Integrity, Requests New Recommendation

Cheong Wa Dae announced that it will not submit the appointment consent bill for Son Bong-ki, who was nominated as the successor to former Supreme Court Justice Noh Tae-ak, to the National Assembly, and has instead requested Chief Justice Cho Hee-dae to make a new recommendation for the Supreme Court justice position.

Senior Presidential Spokesperson Kang Yu-jung made the announcement during a briefing today (August 28), stating, "This nomination for the successor to former Supreme Court Justice Noh Tae-ak failed to secure sufficient procedural integrity."

She pointed out, "After the Supreme Court Justice Recommendation Committee made its recommendations last January, the Chief Justice refrained from making a nomination for over seven months before unilaterally issuing a written nomination for candidate Son Bong-ki on August 18 without any substantive agreement being reached."

She added, "Past consultation practices have served as a procedural device preventing the highest court from being formed by either the appointing authority or the nominating authority alone, thereby substantially supporting the independence of the judiciary. It is very regrettable that the judiciary has abandoned this practice, as it 스스로(itself) weakens the foundation that has sustained judicial independence."

Cheong Wa Dae's interpretation is that Article 104, Paragraph 2 of the Constitution—which stipulates that the President appoints Supreme Court justices upon the recommendation of the Chief Justice and with the consent of the National Assembly—distributes the powers of recommendation and appointment to separate constitutional organs under the principle of the separation of powers, and that the power of recommendation does not replace or neutralize the power of appointment.

It explained that past presidents and chief justices reached nominations through prior consultations in accordance with the constitutional spirit of mutual respect for each institution's authority.

Cheong Wa Dae also noted that just prior to nominating candidate Son Bong-ki, the National Court Administration individually contacted candidates recommended by the Supreme Court Justice Recommendation Committee to sound out options for restarting the recommendation process.

Senior Spokesperson Kang Yu-jung emphasized, "Sounding out individual candidates on ways to exclude already legitimately recommended candidates from consideration for nomination is deemed to undermine trust in the fairness of the personnel procedure. Only when the recommendation power is exercised fairly while respecting the recommendation results of the Supreme Court Justice Recommendation Committee as prescribed by the Court Organization Act can the entire process from nomination to appointment align with the constitutional principles of popular sovereignty and due process."

Senior Spokesperson Kang also stated, "The personnel selection for the successor to former Supreme Court Justice Noh Tae-ak is the first Supreme Court justice appointment since the launch of the new administration. The public must be able to understand and accept the first Supreme Court justice selection of the sovereign people's government starting from the legitimacy of the procedure, prior to the result."

She further stressed, "This request for a re-recommendation is not intended to restrict the Chief Justice's power of nomination, but is an inevitable measure to ensure that nominations are made upon the foundation of mutual respect among institutions as a form of mutual check envisioned by the Constitution."

She continued, "Cheong Wa Dae will take thorough measures in subsequent procedures to ensure there are no disruptions to the public's exercise of the full right to trial. We also urge the Chief Justice to swiftly proceed with the re-recommendation process by respecting the recommendations of the Supreme Court Justice Recommendation Committee so that the public's right to trial is not infringed upon due to prolonged vacancies on the Supreme Court bench."

Meanwhile, Cheong Wa Dae stated that regarding candidate Kim Sung-soo, the successor to former Supreme Court Justice Lee Hong-goo, an agreement was reached through consultations, and his appointment consent bill will be submitted to the National Assembly today.
※ Please note: This article was translated by AI and may contain errors.