Chief Justice Jo Hee-de said he will not appear for a policy inquiry by The National Assembly's Legislation and Judiciary Committee on the 31st. He said testifying in the National Assembly about the chief justice's power to recommend Supreme Court justices or the reasons for referring cases to the Supreme Court en banc contradicts the separation of powers and the principle of judicial independence.
According to the National Assembly on the 28th, Chief Justice Jo submitted a written opinion to the committee that he would not appear.
In the opinion, Chief Justice Jo said, "Having the National Assembly compel testimony on the exercise of the chief justice's constitutionally independent power to recommend justices violates the separation of powers and judicial independence."
He also said it is not appropriate to disclose specific procedures or personal information about candidates in the ongoing appointments of Supreme Court justices.
Chief Justice Jo also emphasized that powers are divided among constitutional institutions in the process of appointing Supreme Court justices. He said the Constitution grants the chief justice the power to recommend justices, the National Assembly the power to consent to appointments, and the president the power to appoint, enabling mutual checks among constitutional institutions.
He also drew a line against the National Assembly's request for testimony on the process of referring cases to the en banc session.
He added, "Testifying about the reasons for referring cases to the Supreme Court en banc violates Article 103 of the Constitution, which guarantees judicial independence."
Earlier, on the 21st, the committee decided at a full meeting to hold a policy inquiry on Chief Justice Jo's written recommendation of Supreme Court justice candidates and the referral to the en banc session of the appeal in the case involving former Prime Minister Han Duck-soo and former Minister of the Interior and Safety Lee Sang-min on charges of engaging in important duties related to insurrection.
In connection with this, the committee also approved an agenda item requesting Chief Justice Jo's appearance as a witness.