Supreme Court Chief Justice Remains Silent on Nominee Request for Three Weeks

Supreme Court Chief Justice Cho Hee-dae has remained silent for over three weeks regarding the request for a nominee for the Supreme Court. Attention is focused on whether he will announce his position this week or continue to deliberate until after the Chuseok holiday, as the People Power Party has decided to file a jurisdictional dispute over the Blue House's failure to submit the appointment consent proposal.

According to legal sources on the 20th, it has been 23 days since the Blue House requested the nomination of Son Bong-ki, a senior judge at the Daegu District Court, on August 28, yet Cho has not made any official statement.

Previously, on August 18, Cho nominated Son as the successor to former Justice Roh Tae-ack and Kim Seong-su, then a senior judge at the Seoul High Court, as the successor to former Justice Lee Heung-gu, to President Lee Jae-myung.

Ten days later, the Blue House stated that the nomination of Son lacked procedural completeness and did not submit the appointment consent proposal to the National Assembly, citing a failure to adhere to the practice of prior consultation between the president and the chief justice when nominating candidates.

The Supreme Court views the president's demand for a new nominee as a de facto rejection of the chief justice's nomination, a situation unprecedented in constitutional history. It is reportedly reviewing constitutional and related laws, considering the impact on the separation of powers and judicial independence, and gathering opinions from the legal community.

With the appointment process for Justice Kim Seong-su nearing completion, all eyes are on Cho's decision. The National Assembly approved Kim's appointment consent proposal on September 17, and the president ratified the appointment the following day. As a result, the number of vacant Supreme Court positions has decreased from two to one.

However, the vacancy that began with the retirement of former Justice Roh on March 3 has now exceeded 200 days. Concerns are growing that prolonged discussions over the request could lead to delays in handling appeals and a decline in public trust in the judiciary.

The People Power Party's filing of a jurisdictional dispute has also emerged as a new variable in Cho's decision-making. The party plans to submit a petition to the Constitutional Court, arguing that the president's failure to submit the appointment consent proposal infringes on the National Assembly's authority to consent to Supreme Court appointments and the rights of lawmakers to deliberate and vote.

Filing a jurisdictional dispute does not halt the Supreme Court appointment process. Cho can either nominate another candidate or maintain the existing nomination of Son, independent of the Constitutional Court's deliberation. However, initiating the jurisdictional process could lead to significant political and legal repercussions regardless of the choice made.

With major events such as the Day of the Korean Judiciary and the Asia-Pacific Chief Justices' Conference concluded, there are speculations that Cho may announce his position this week. However, given the heightened political tensions ahead of Chuseok, there is also discussion about the possibility of delaying the decision until after the holiday.

If Cho proceeds with the request, it is expected that he will prioritize reconstituting the Supreme Court Nomination Committee rather than immediately selecting another candidate from the existing pool. Should he maintain the nomination of Son, the standoff between the Blue House and the Supreme Court is likely to extend in conjunction with the Constitutional Court's deliberation.