Supreme Court Chief Justice Jo Hee-de said he cannot accept the Presidential Office's assertion that there was a procedural flaw in the process of nominating a Supreme Court justice.
Jo issued an additional statement through the Supreme Court on the 23rd, following his position announced the previous day that he could not accept the Presidential Office's demand for a renomination. "The claim that a procedural flaw exists is difficult to accept when considered on the basis of the Constitution and statutory provisions," he said.
"The official letter requesting a renomination does not clearly state what the grounds for the request are," Jo said. "Clear grounds and reasons must be presented in the wording of the letter so that there is no dispute over its validity and so that procedures under the Constitution and the law can proceed."
Jo had nominated Son Bong-gi, a senior judge at the Daegu District Court, in writing on the 18th of last month as successor to former Justice Roh Tae-ak. The Presidential Office returned the nomination on the 28th of the same month and demanded a renomination, saying there was a procedural problem because the nomination was made without an agreement between the president and the chief justice.
Jo announced 25 days later, on the previous day, that he could not accept the Presidential Office's demand for a renomination. "Specific reasons and their constitutional grounds are not stated, and no other specific constitutional grounds or reasons that would justify the renomination request can be found," he said.
Jo asked for understanding over the delay in announcing his position, citing his father's death and preparations for an international event. He also explained that his reference in the previous day's statement to the president's acts under state law in Article 82 of the Constitution "was not meant to suggest that there was a formal defect in the letter."
"I feel apologetic about the inconvenience to the public caused by the prolonged vacancy on the Supreme Court," Jo said. "I will do my best to ensure that the procedures are completed swiftly."
The situation in which two Supreme Court justice seats were vacant at the same time has been resolved, with new Justice Kim Sung-soo recently taking office as successor to former Justice Lee Heung-koo.
