Chief Justice Cho Hee-dae said in his opening remarks at the National Assembly's audit on the 13th that "if judges are put on the witness stand, trials will be chilled." Earlier, the Legislation and Judiciary Committee of the National Assembly, led by the Democratic Party of Korea, designated Chief Justice Cho as a witness for the Supreme Court's audit. The stated intent was to ask why the Supreme Court issued a prompt ruling in May on President Lee Jae-myung's appeal in the public official election law violation case. However, it has been customary for the chief justice to leave after delivering opening remarks during the National Assembly's audit.
Chief Justice Cho said, "If a situation arises where, because a certain trial was held, judges are put on the witness stand over trial matters, judges may be discouraged from adjudicating according to the Constitution, the law, and their conscience, and it could even lead to them looking over their shoulders at outside opinions."
He added, "In a law-governed state with a separation of powers, it is hard to find examples of judges being made the subject of audits or hearings and put on the witness stand over trial matters." He continued, "I understand that when there was debate in the past over the need for the chief justice to appear as a witness for a National Assembly audit, our National Assembly exercised restraint in that authority as a matter of practice and courtesy intended to affirm the constitutional spirit and values that respect the separation of powers and the independence of the judiciary."
Chief Justice Cho said, "The witness appearance request for this audit concerning me contains demands to explain the deliberation process for a trial that is currently ongoing." He went on, "This raises concerns that it is inconsistent not only with Article 8 of the National Assembly Audit Act, which stipulates that 'a national audit must not be conducted for the purpose of intervening in a trial that is currently ongoing,' but also with Article 103 of the Constitution of the Republic of Korea, which provides for the independence of judicial power, and Article 65 of the Court Organization Act, which provides for the non-disclosure of deliberations, among other provisions and their purposes."
Chief Justice Cho went on, "From my inauguration as chief justice to today, I have carried out my duties solely in accordance with the Constitution and the law, and I state clearly that I have never deviated from justice and conscience." He added, "Nonetheless, I cannot help but feel a deep sense of responsibility and a heavy and regretful heart regarding the many current circumstances surrounding the judiciary." He also said, "Going forward, I will listen closely to the diverse opinions from all sectors, including the National Assembly, and I will more faithfully fulfill service and responsibility to the people."