Chief Justice Jo defends court independence as ruling party demands his resignation

The ruling Democratic Party fired back at Chief Justice Jo Hee-dae on Sunday after he refused to comply with the National Assembly's request that he appear as a witness at a national audit, demanding he resign if he will not testify.

Rep. Seo Young-gyo, chair of the Legislation and Judiciary Committee, held a press conference at the National Assembly, saying Jo had submitted a written opinion ahead of the Supreme Court national audit scheduled for Tuesday. "He says it would be difficult for him to appear and respond as a witness," Seo said.

Seo criticized Jo for repeatedly invoking judicial independence to avoid appearing before the Assembly. "Every time the National Assembly asks the judiciary to explain pressing issues, he refuses to appear by citing judicial independence," she said. "Continuing to refuse the Assembly's summons means refusing the Assembly's oversight and scrutiny."

Seo argued that because the committee had summoned Jo as an ordinary witness rather than an institutional one, he was legally obligated to appear under the Act on Testimony and Appraisal before the National Assembly. She said his refusal amounted to a violation of the National Assembly Act.

"Chief Justice Jo is not above the law, and judicial independence is not a shield that permits silence in the face of unconstitutional conduct," she said, urging him to "take the witness stand and answer directly before the people."

Party spokesperson Lee Yong-woo also weighed in at a National Assembly briefing. "Jo Hee-dae, the emperor of South Korea who tramples over the people, the president and the National Assembly — resign if you will not appear at the national audit," Lee said.

Lee said Article 2 of the Act on Testimony and Appraisal before the National Assembly requires anyone summoned as a witness to comply, notwithstanding any other law. "Chief Justice Jo's demand for an exemption reflects a sense of entitlement and imperial conduct," he said.

Lee added that refusing to appear as a witness was "a self-confession that there is something to hide, and a declaration of intent to turn the National Assembly into a playground for his personal false claims — without a witness oath." He pressed Jo to appear at Tuesday's national audit and answer to the public.

Earlier, Jo had submitted a written opinion to the Assembly stating that it would be difficult for him to appear and testify as a witness, "given that I have an obligation to abide by the Constitution and the law, and considering that there is a possibility that investigative proceedings may be initiated."

Jo also said that compelling the chief justice to testify about his constitutionally independent authority to recommend judicial appointments "runs counter to the principle of separation of powers reflected in Article 104, Paragraph 2 of the Constitution of the Republic of Korea, and to the independence of the judiciary."

On the Assembly's summons itself, Jo wrote that it "not only exceeds the limits of the national audit under the separation of powers, but also does not accord with the intent of Article 121 of the National Assembly Act, which imposes no obligation on the chief justice to appear before or respond to the National Assembly."