Chief Justice Cho Hee-dae's Refusal to Re-nominate Is Unconstitutional

The Blue House on Tuesday expressed deep regret over Chief Justice of the Supreme Court Cho Hee-dae's decision not to comply with a request to re-nominate a justice candidate, calling it "an interpretation that violates the Constitution." A Blue House official said, "The Chief Justice's statement reflects the view that the nominating authority (the power of the Chief Justice to select a justice candidate and recommend the nominee to the president) takes precedence over the president's appointment power, effectively neutralizing the appointment power of a president elected by the people." The official added that the prolonged vacancy in Supreme Court seats ultimately harms the public, and that the current situation must no longer be left unaddressed.

Earlier that day, Chief Justice Cho told reporters, "There is no specific constitutional basis or grounds to justify the request for re-nomination," adding, "We announce that we cannot comply with the request for re-nomination." In effect, he refused the Blue House's demand to renominate the candidate.

As the vacancy exceeded 200 days, Cho unilaterally nominated Presiding Judge Son Bong-gi on Aug. 18 without prior consultation with the Blue House. On Aug. 28, the Blue House pushed back, calling it "a one-sided written nomination made without substantive consultation," and demanded a re-nomination. The Blue House asked that the existing candidates, excluding Judge Son, be re-nominated, but Cho refused to accept.