Prospect of Resolving Stalemate in First Supreme Court Justice Appointment Under Lee Jae-myung Administration

The first Supreme Court justice appointment since the launch of the Lee Jae-myung administration has been facing difficulties due to differences in stances between the presidential office and the judiciary.

As the recommendation process for a successor to Justice Lee Heung-goo, who will retire in September, begins this month, internal voices are growing stronger that the position of head of the Court Administration Office, which has been vacant for four months, cannot be delayed further, as it represents the judiciary. It is noteworthy whether this atmosphere will serve as an opportunity to narrow the differences in stances between the presidential office and the Supreme Court regarding the Supreme Court justice recommendation issue.

The Supreme Court Candidate Recommendation Committee recently completed its review of the 28 individuals who agreed to be considered among the nominees for Justice Lee Heung-goo's successor. If the Candidate Recommendation Committee convenes this month, three or more candidates will be recommended. Based on these opinions, Chief Justice Cho Hee-dae will select the final candidate and recommend them to President Lee Jae-myung for appointment, after which the final appointment process will proceed through a parliamentary confirmation hearing.

A point of interest is whether Chief Justice Cho will recommend two candidates simultaneously: one for Justice Lee's successor and another for the successor of Justice Noh Tae-hak, who retired in March. The Chief Justice's recommendation for Justice Noh's successor, among four recommended candidates, has not been made for over five months. There is an analysis that the presidential office and the judiciary failed to narrow their differences over the final candidates. While the authority to nominate Supreme Court justices constitutionally rests with the Chief Justice, by convention, the final candidates have been recommended after consultation between the presidential office and the Chief Justice.

As the recommendation process for Justice Lee Heung-goo's successor proceeds, a compromise may be found in the process of recommending two candidates simultaneously. A sequential recommendation approach, where only Justice Lee's successor is recommended first while delaying the recommendation for Justice Noh's successor, could also be adopted.

Since Justice Park Young-jae tendered his resignation on February 27, Deputy Chief Justice Ki Woo-jong has been acting in his stead due to the delayed appointment of a successor. Concerns have been raised within the court that leaving the position of head of the Court Administration Office vacant for an extended period is inappropriate, given the need to convey the judiciary's opinions to the National Assembly during crucial legislative processes such as the aftermath of the 'Judicial Three Acts' legislation and discussions on revising the Criminal Procedure Act. Consequently, there have been predictions from within and outside the court that a successor to the head of the Court Administration Office would be appointed within this month. Once a new chief is appointed, it will be difficult to further postpone the appointment of a successor Supreme Court justice, even to prevent disruption in judicial proceedings, which could accelerate coordination efforts between the presidential office and the Supreme Court.