Ruling bloc calls Chief Justice Jo's refusal to re-nominate justices a 'judicial coup'

Democratic Party of Korea leader Kim Min-seok on Tuesday called Chief Justice Jo Hee-dae's refusal to re-nominate Supreme Court justices "truly absurd," while the broader ruling bloc labeled the move a "judicial coup" and defended President Lee Jae Myung's demand for re-nomination as a legitimate constitutional prerogative.

Speaking at a Democratic Party budget policy conference at Incheon City Hall, Kim said the constitutional basis the chief justice should be following "is crystal clear." "I genuinely wonder whether he doesn't know, is pretending not to know, or is deliberately ignoring it to pick a power struggle with the president and show contempt for both the president and the people — it is truly absurd," he said.

Kim then asked, "Is it constitutional when he does it, but unconstitutional when the president does it — or when the people do it?" and urged the chief justice to "immediately return to common sense and reason."

Jo announced Tuesday that he would not comply with Cheong Wa Dae's demand for re-nomination, 25 days after the presidential office requested on Aug. 28 that he re-nominate a successor to former Justice Noh Tae-ak. Jo cited the absence of specific grounds or a constitutional basis in the document Cheong Wa Dae had sent requesting the re-nomination.

The ruling bloc pushed back immediately. Democratic Party, Rebuilding Korea Party and Progressive Party members of the Legislation and Judiciary Committee held a joint press conference, saying Jo's refusal "directly negates the president's constitutional power of appointment and simultaneously constitutes a political act by the chief justice and a violation of the judiciary's duty of political neutrality."

Citing Article 104, Paragraph 2 of the Constitution — which states that Supreme Court justices are appointed by the president upon the recommendation of the chief justice and with the consent of the National Assembly — the lawmakers said "the holder of the power to appoint justices is the president." They added that it was incompatible with democratic legitimacy for the appointment power of a popularly elected president to be hollowed out by the nomination of an unelected chief justice.

They also said "the party that caused procedural defects and undermined fairness is none other than the Court Administration Office," alleging that the office had contacted each of the four candidates lawfully recommended by the nomination committee to sound out their withdrawal and re-recommendation. They further charged that Jo had delayed the nomination for more than 200 days after the committee's recommendation in January before unilaterally submitting it in writing without substantive consultation with the president.

"Chief Justice Jo's refusal to re-nominate is a judicial coup following Yoon Suk Yeol's Dec. 3 coup — a grave breach of the separation of powers and judicial manipulation," the lawmakers said, warning that they would "thoroughly investigate the truth at the upcoming national audit."