Chief Justice Jo calls for judicial independence free from outside interference

Chief Justice Jo Hee-dae said Friday that courts must be free from undue interference by other state institutions, political forces, social groups and even litigants themselves if they are to guarantee the freedoms and rights of the people and uphold the rule of law.

Jo made the remarks in a commemorative address at the 12th Korea Courts Day ceremony, held at the central hall of the Supreme Court in Seocho-gu, Seoul. "Judicial independence has been tested time and again amid all manner of pressure and interference," he said.

He said the judiciary had been able to preserve the value of judicial independence through the years thanks to the trust and support of the public, who believed in the role and mission of the courts, as well as the courage and commitment of the many court staff members who had quietly held their posts in pursuit of judicial justice.

Korea Courts Day falls on Sept. 13 each year, a date the judiciary has observed since 2015 to mark the day in 1948 when judicial authority — stripped away during the Japanese colonial period — was formally transferred from the US military government to the Korean courts.

Jo said the environment in which courts operate today demands deeper reflection than ever before. "The number of complex and difficult cases is growing by the day, and social conflicts and extreme confrontations are increasingly finding their way into the courtroom," he said.

He said that the sharper the conflict, the more steadfastly courts must fulfill their role according to law and principle alone. Even if the fruits of those efforts were not immediately visible or fully recognized, he said, he believed the judiciary could earn greater public trust if every member remained faithful to their core mission.

Jo said carrying out the judiciary's constitutional mission without wavering, no matter the difficulty, was the unchanging duty of a court system that serves as the last line of defense for the fundamental rights of the people. "On this Courts Day, we reaffirm that precious meaning and pledge to exercise judicial authority solely for the benefit of the people," he said.

He added that for the judiciary to fully carry out its mission on the foundation of judicial independence, the courts must ensure that anyone can approach them without difficulty and receive a swift and fair trial. "The courts have pursued constant change and innovation to draw closer to the public and become a judiciary worthy of their trust," he said.

At the same time, he acknowledged that despite those efforts, the courts had yet to fully meet the public's expectations. "Changing the system alone cannot fully restore public trust," he said, adding that the courts would continue to listen more humbly to the public's voice and press forward without wavering until people could feel the results of that change in their own lives.

The ceremony came amid an ongoing dispute between Cheong Wa Dae and the Supreme Court over the appointment of new justices, and observers had been watching closely to see whether Jo would address the matter — but he again declined to comment on it publicly.

The standoff stems from Cheong Wa Dae's decision to submit to the National Assembly only one of the two Supreme Court justice nominees Jo had recommended — Seoul High Court Senior Judge Kim Seong-su — while declining to proceed with the appointment of Daegu District Court Senior Judge Son Bong-gi. The move effectively returned the decision to Jo.

Cheong Wa Dae on Aug. 28 urged Jo to re-nominate a candidate as quickly as possible, saying it would respect the recommendations of the nomination committee. The request was widely understood as a signal to choose someone other than Son from the pool of candidates the committee had recommended in January.

It remains to be seen whether Jo will re-nominate a different candidate from the existing pool or reconstitute the Supreme Court Justice Nomination Committee from scratch and restart the selection process entirely. Either path is expected to deepen tensions between the ruling camp and the judiciary.

At the ceremony, Jo presented a chief justice commendation to the late Seoul High Court Judge Shin Jong-o in recognition of his contributions to the development of the courts and the advancement of legal culture. Shin presided over the appeals trial on charges against first lady Kim Keon Hee — including allegations of stock price manipulation at Deutsch Motors and of receiving gifts from the Unification Church — and died in May.

"I wish to remember a judge who fulfilled his duties with unwavering dedication and a sense of responsibility," Jo said. "I offer my deepest condolences to the family of the late Judge Shin Jong-o, and pray for his soul." He said the court would never forget the late judge's commitment to always deliberating from the perspective of the people.

Chief justice commendations were also presented to Kim Jin-seop, a court administrator at the Gimcheon branch of Daegu District Court; Choi Yu-seong, a court official at Daejeon Family Court; Heo Hye-jin, a court clerk at the Chungju branch of Cheongju District Court; Yun Seong-cheol, a standing expert hearing officer at Suwon High Court; Seong Myeong-gyeong, an electrical officer at the Goyang branch of Uijeongbu District Court; Lee Chung-ho, a science and technology official at the Intellectual Property Court; and Lee Chang-hun, a counseling committee member at the Court Administration Office.