Last year's audit chaos set for a sequel as Jo Hee-dae showdown looms

With tensions between the judiciary and the ruling camp at a peak over the appointment of Supreme Court justices, the National Assembly's audit of the Supreme Court is fast approaching. Some Democratic Party of Korea lawmakers on the Legislation and Judiciary Committee are pushing to have Chief Justice Jo Hee-dae summoned as an ordinary witness so they can question him directly about his refusal to re-nominate a justice candidate and the legal basis for that decision. Observers say the scenes from last year's audit — when a dispute over whether Jo could leave his seat threw the hearing into chaos — could easily repeat themselves.

According to political and legal circles Monday, the Legislation and Judiciary Committee will conduct its national audit of the Supreme Court on Oct. 6. The committee voted Tuesday, in a motion led by the Democratic Party, to require Jo to appear as an institutional witness at the audit. A separate question — whether to additionally designate Jo as an ordinary witness subject to direct questioning — was left to be decided through further discussion that afternoon.

Speaking to reporters Monday morning on his way into the Supreme Court in Seocho-gu, Seoul, Jo addressed his refusal to comply with Cheong Wa Dae's demand that he re-nominate a justice candidate. "The request that came from Cheong Wa Dae simply said to re-nominate," he said, adding that he had heard there were many unanswered questions because the court's response had only stated its conclusion. "I will address those matters going forward through the national audit and other channels," he said. "If there are questions, I will have them conveyed through the public affairs office."

This year's Supreme Court audit carries unusually high tension, coming immediately after a direct confrontation between Cheong Wa Dae and the court. On Tuesday, Jo publicly rejected Cheong Wa Dae's demand for a re-nomination through a formal statement, saying the document Cheong Wa Dae sent Aug. 28 requesting the re-nomination contained no specific grounds or constitutional basis for the demand. "I cannot find any specific constitutional grounds or reasons that would otherwise justify the re-nomination request. I therefore cannot comply," he said. Cheong Wa Dae swiftly fired back, calling Jo's position "a view that violates the Constitution." The following day, Wednesday, both sides issued additional statements and continued trading blows.

The dispute traces back to the process of filling the vacancy left by former Justice Noh Tae-ak, who retired in March. A judicial nomination committee recommended four candidates in January, but Cheong Wa Dae and the Supreme Court failed to agree on a final pick, leaving the seat unfilled for more than half a year. When Jo formally nominated Daegu District Court Senior Judge Son Bong-gi in writing on Aug. 18, Cheong Wa Dae rejected the nomination 10 days later, on Aug. 28, calling it "a unilateral written nomination without substantive consultation" and demanding a re-nomination. Jo's refusal to comply escalated the standoff into an open confrontation.

The Democratic Party is preparing to press Jo at the audit over the grounds and circumstances of his refusal to re-nominate. Some Democratic Party members on the Legislation and Judiciary Committee are calling for Jo to be designated as an ordinary witness so he can be questioned directly. The People Power Party has pushed back, calling the move "intimidation of the judiciary" and an attack on the separation of powers.

Last year's audit also saw a clash between the ruling and opposition parties over the chief justice's attendance. The Democratic Party refused to allow Jo to leave his seat and insisted on questioning him directly — a departure from the established practice in which the chief justice appears in an institutional capacity, delivers opening remarks and then steps out, leaving the head of the National Court Administration to field substantive questions.

At the Supreme Court audit held at the National Assembly on Oct. 13 last year, Jo had planned to leave after his opening remarks, but then-Legislation and Judiciary Committee Chair Choo Mi-ae blocked him from doing so, keeping him in his seat for about 90 minutes. Choo reclassified Jo from a witness to a reference person and pressed ahead with questioning by committee members. When then-National Court Administration Chief Cheon Dae-yeop sought the floor to request that Jo be allowed to leave, Choo refused. People Power Party lawmakers rushed en masse to the committee chair's podium in protest, and Jo was only able to leave after National Assembly security officers intervened to separate the clashing members.

With tensions between the ruling camp and the Supreme Court running even higher this year than last, observers say any confrontation over Jo's attendance at the audit could be more intense than before.