
Editorial: Presidential Office Bears Much of the Blame for Supreme Court Nomination Standoff
TL;DR:
- Chief Justice Jo Hee-de submitted two Justice candidates to President Lee Jae Myung in writing. Justices are appointed by the president with the National Assembly’s consent following the…
- It is regrettable that Cheong Wa Dae and the judiciary have abandoned the longstanding practice. Prior consultation and in-person nominations not only respected the president’s authority…
- The immediate passage through the National Assembly is now uncertain. Kim Min-seok, Democratic Party leader, demanded the Chief Justice’s resignation, calling the nomination “the…
Chief Justice Jo Hee-de submitted two Justice candidates to President Lee Jae Myung in writing. Justices are appointed by the president with the National Assembly’s consent following the Chief Justice’s nomination. While this follows constitutional procedures, it breaks the precedent of prior consultation and direct meetings with the president before nominating candidates.
It is regrettable that Cheong Wa Dae and the judiciary have abandoned the longstanding practice. Prior consultation and in-person nominations not only respected the president’s authority but also had practical significance in preventing conflicts between constitutional institutions, ensuring smooth National Assembly approval, and minimizing judicial vacancies. Even during the Roh Moo-hyun and Lee Myung-bak administrations, when conflicts arose with the Chief Justice, appointments were ultimately made through consultation and consensus.
The immediate passage through the National Assembly is now uncertain. Kim Min-seok, Democratic Party leader, demanded the Chief Justice’s resignation, calling the nomination “the attitude of a delinquent student begging to be expelled.” While such remarks are inappropriate for a ruling party leader, majority opposition makes it difficult to proceed with hearings or a vote. Concerns over prolonged judicial vacancies and trial delays have grown even more acute, and the public will inevitably bear the brunt.
Cheong Wa Dae bears significant responsibility for this crisis. It reportedly supported a female candidate with specific ideological leanings to replace former Justice Rho Tae-ak. However, this was inappropriate given that the candidate’s spouse is a Constitutional Court justice appointed by President Lee Jae Myung. If the spouse’s rulings were reviewed by the candidate, repeated disqualifications or recusals could occur. The Supreme Court reportedly failed to reach an agreement with Cheong Wa Dae over five months. Noh Gyeong-pil, head of the National Court Administration, stated, “Since the two sides were not given a chance to meet and reach a consensus, there was no option but to proceed with the final remaining method.”
Attacks on the Supreme Court by the government and ruling party, which escalated after the court’s pre-election reversal of an election law ruling last year, have long exceeded reasonable bounds. This unprecedented conflict over Justice nominations is an extension of that hostility. First, the Chief Justice was threatened with impeachment for delaying nominations; now, after submitting candidates in writing due to Cheong Wa Dae’s refusal to engage, the president’s office accuses the judiciary of breaking precedent and threatens impeachment again. What is expected of them? The Constitution stipulates that the Chief Justice nominates, the National Assembly consents, and the president appoints. This implies that nominees must be acceptable to all three branches. The Democratic Party is angrily demanding why the Chief Justice did not nominate candidates requested by the president—a stance that contradicts the Constitution.
With the expansion of the Supreme Court, President Lee Jae Myung will appoint 22 new Justices. These Justices could oversee the final rulings in cases related to the president, which are likely to resume after his term. It is unavoidable to ask whether Cheong Wa Dae will intervene in the nomination process in this manner every time.
Source: https://www.chosun.com/english/opinion-en/2026/08/20/NEUEHHQJVBBXTERQIWLHASDYT4/