Supreme Court Chief Justice Jo Hee-de told a parliamentary audit on the 6th that he could not comply with demands to testify about his nominations of Supreme Court justices, saying such testimony would undermine the separation of powers and judicial independence.
Chief justices customarily deliver opening remarks at the National Assembly Legislation and Judiciary Committee's audit of the Supreme Court and then leave. Jo remained at the hearing after the committee, led by the Democratic Party, designated him as a general witness and demanded he testify. He declined to take an oath or answer questions, citing the principles of separation of powers and judicial independence.
Jo was also designated as a general witness at last year's audit over the Supreme Court's decision to overturn and remand a case involving President Lee Jae-myung's alleged violation of the Public Official Election Act. He had planned to leave after his opening remarks, as is customary, but was unable to do so because then-committee chair Choo Mi-ae did not grant him permission. He sat through questioning from Democratic Party lawmakers without responding, then left during a morning recess.
"Our Constitution provides that Supreme Court justices are appointed by the president, on the nomination of the chief justice and with the consent of the National Assembly," Jo said. "This grants separate powers to the chief justice, the National Assembly and the president, so that authority over the composition of the Supreme Court is exercised in harmony and independently." He added that he could not comply with the demand for testimony on the nominations at this audit either.
After his opening remarks, committee chair Seo Young-kyo asked whether he was refusing to take the witness oath. "As I said at the outset, I cannot take an oath or testify," Jo replied.
Jo apologized for the concern caused by the prolonged vacancies on the Supreme Court bench and said he would work to fill them. "I, too, feel the weight of the need to resolve these vacancies," he said. "I will make every necessary effort so that the Supreme Court can be fully constituted as soon as possible, in accordance with the principles set out in the Constitution and the law."
