On the 19th, Supreme Court Justice Noh Kyung-pil, chief of the National Court Administration, said that Chief Justice Jo Hee-de broke with the practice of an in-person recommendation and submitted in writing the nominations of two Supreme Court justice candidates to President Lee Jae-myung, adding that the reason was that, although there were consultations with the presidential office, they could not set up a meeting schedule.
Minister Noh appeared at a full meeting of The National Assembly's Legislation and Judiciary Committee that day and, in response to a related question from People Power Party lawmaker Park Hyeong-su, said, "Consultations on the meeting schedule (between the chief justice and the president) ultimately did not come together." Noh explained that he personally coordinated the meeting schedule with Presidential Chief of Staff for Civil Affairs Han Chan-sik.
Park asked, "(The chief justice) asked the presidential office to set a date to meet the president for an in-person recommendation, but since they didn't set one, wasn't he left with no choice but to recommend in writing?" Minister Noh replied, "The written recommendation was made according to exactly the sequence of events you described."
In response to a question from Democratic Party lawmaker Kim Yong-min asking, "Who came up with the idea of a written recommendation?" Minister Noh said, "To be precise, there was no opportunity to meet," and added, "We requested (a meeting between the chief justice and the president), but it didn't happen." He continued, "(The written recommendation) came up during consultations with the presidential chief of staff for civil affairs," and said, "I don't remember exactly who proposed it first."
Minister Noh also answered a related question from The National Assembly's Legislation and Judiciary Committee Chair Seo Young-kyo by saying, "It was a method decided in consultation with the chief of staff for civil affairs," and, "We agreed to submit it in writing." When asked, "Are you saying you consulted and submitted Senior Judge Son Bong-gi in writing?" he said, "We notified them on the last day. I said, what do you think about proceeding this way (with Senior Judge Son)."
At the committee that day, the powers to recommend, consent to, and appoint Supreme Court justices were also discussed. Article 104 of the Constitution stipulates, "Supreme Court justices are appointed by the president upon the recommendation of the chief justice of the Supreme Court and with the consent of the National Assembly."
Lawmaker Park Hyeong-su said, "The Constitution separately provides for the recommendation power (of the chief justice), the consent power (of the National Assembly), and the appointment power (of the president). No side should exercise its authority at will," and added, "As Democratic Party lawmakers say, if the appointment power is the final authority and everything should align with it, why are National Assembly consent and recommendation necessary?"
Earlier, in February, led by the Democratic Party, the Court Organization Act was revised in the National Assembly to expand the number of Supreme Court justices from the current 14 to 26. Park said, "Going forward, during President Lee's term, 20 Supreme Court justices will have to be appointed," and asked, "If (this recommendation) becomes the custom so that all 20 must follow the president's wishes, or else they won't be appointed, is this a country where separation of powers is guaranteed?" Minister Noh said, "I hope consultations can proceed smoothly as before."
In response to a question from People Power Party lawmaker Joo Jin-woo asking, "Please explain how the chief justice's recommendation power for Supreme Court justices should be guaranteed," Minister Noh said, "The chief justice can recommend based on his own judgment," and added, "Under the Constitution, the chief justice has the right to recommend candidates for Supreme Court justice, and, accordingly, the president and the National Assembly should exercise the appointment power and the consent power, respectively."
He added, "If (prior to recommending a Supreme Court justice) consultation with the president is required, then by extension consultation with the National Assembly would also be needed to avoid infringing on the consent power, which I do not think is appropriate."
Democratic Party lawmaker Kim Dong-a asked, "Why do you think previous chief justices recommended while communicating with the presidential office?" Minister Noh said, "To ensure smooth appointments," while adding, "I think the chief justice can recommend based on his own judgment."
Minister Noh said he called the candidates who had been recommended as successors to former Supreme Court Justice Roh Tae-ak to ask their views on proceeding again with the candidate recommendation process. Some agreed and some opposed.
Minister Noh explained, "Among various options, there was the idea of going through a new recommendation process for the four people previously recommended," and added, "For it to work, all four who were recommended would have to agree."