Supreme Court Chief Justice Cho Hee-dae on the 24th stressed the judiciary's role in "controlling the arbitrary exercise of state power," as tensions between the Presidential Office and the Supreme Court continued over a dispute involving the written nomination of Supreme Court justices. On the same day, President Lee Jae-myung offered a broad view on "the function and responsibility of law as a universal principle," while the chief justice effectively took direct aim at the Presidential Office and the government. The Presidential Office again criticized Cho's nominations for Supreme Court justices as "significantly removed from established practice."
In a congratulatory address at the 34th Lawyers' Convention for the Rule of Law, held at a hotel in Jung-gu, Seoul, Cho said: "At a time when the judicial system is undergoing major change, the value of the rule of law — controlling the arbitrary exercise of state power and protecting the freedom and rights of the people — is all the more precious." He added that the courts bear "a responsibility to substantively realize the rule of law," saying, "We will move forward without wavering toward swift and fair trials, our fundamental duty." While emphasizing the judiciary's universal responsibilities, he placed particular weight on its function of overseeing state power.
On the day of Cho's remarks, the Presidential Office continued its criticism over the written nomination. Hong Ik-pyo, senior presidential secretary for political affairs, said: "The legal questions need to be examined properly through due process, but even before that, this is significantly removed from established practice regarding the constitutionally guaranteed power to recommend and the president's power of appointment." Hong also said, "It is hard to agree with the claim that the Presidential Office and the Supreme Court have clashed," adding, "But I do sympathize with the perception that the president's appointment power has been infringed to a certain degree."
The Presidential Office has been deliberating for a week over how to handle the two justice nominees Cho recommended, Son Bong-gi and Kim Sung-soo. Because there was no prior consultation on Son, observers expect the Presidential Office could reject the nomination and demand a renomination. For Kim, on whom some measure of prior consensus had been reached, accepting the nomination is under consideration.
Another option is to send the nominations to the National Assembly to be voted down, but there is considerable opposition on the grounds that this could ultimately be seen as accepting the Supreme Court's move to bypass the president. Woo Sang-ho, the Gangwon Province governor who served as the first senior secretary for political affairs under the Lee Jae-myung administration's Presidential Office, said on KBS Radio that day, "It would be best if the justice nominees themselves declined and stepped aside."
The ruling Democratic Party has begun floating a "second round of judicial reform," including abolishing the National Court Administration. Kim Min-seok, the Democratic Party leader, said at a supreme council meeting, "It rests solely with judges to keep disappointment and criticism toward the judiciary from exploding," warning, "I hope they take the prosecution, which turned a blind eye to self-reform, as a cautionary lesson."
