Chief Justice Cho Hee-dae has submitted a notice of non-attendance regarding the summons to appear at the pending issues inquiry of the National Assembly's Legislation and Judiciary Committee scheduled for the 31st.

Chief Justice Cho submitted an opinion to the Legislation and Judiciary Committee today (the 28th) stating, "Having the National Assembly make [him] testify regarding the exercise of the Chief Justice's constitutionally independent authority of recommendation runs counter to the separation of powers and judicial independence."

Chief Justice Cho noted, "It is also inappropriate for the Chief Justice to disclose specific appointment procedures and details regarding candidates' personal backgrounds concerning appointments currently underway."

He further explained, "The Constitution of the Republic of Korea stipulates that the principle of the separation of powers is realized through mutual checks among constitutional organs by granting the authority of recommendation to the Chief Justice, the right to consent to appointments to the National Assembly, and the power of appointment to the President."

Chief Justice Cho also stated, "Testifying about the reasons for referring cases to the full bench of the Supreme Court goes against Article 103 of the Constitution, which guarantees judicial independence."

Ruling party lawmakers on the Legislation and Judiciary Committee protested, calling it a "reign and arbitrariness."

Legislation and Judiciary Committee Chairperson Seo Young-kyo of the Democratic Party of Korea posted on Facebook, "Chief Justice Cho has an obligation to attend under Article 2 of the Act on Testimony and Appraisal before the National Assembly," adding, "We will hold him legally accountable."

Rep. Seo emphasized, "Refusing the pending issues inquiry and claiming that it is a violation of the separation of powers and judicial independence is a reign and arbitrariness," and urged, "He must appear before the National Assembly and provide detailed answers in front of the public."

Kim Seung-won, the ruling party's secretary of the Legislation and Judiciary Committee, also questioned via Facebook, "The National Assembly is likewise a constitutional organ with the constitutional right to consent to Supreme Court Justice appointments," asking, "Is the National Assembly verifying the procedural flaws and illegality of the exercise of the recommendation authority a violation of the separation of powers?"

During a full committee meeting on the 21st, the Legislation and Judiciary Committee had resolved to conduct a pending issues inquiry regarding Chief Justice Cho's written recommendation of Supreme Court justices and the final appeal trial referral to the full bench concerning former Prime Minister Han Duck-soo and former Minister of the Interior and Safety Lee Sang-min over charges of engaging in important missions in an insurrection, and consequently approved an agenda item demanding Chief Justice Cho's attendance as a witness.