Supreme Court Justice Lee Heung-gu will retire on the 7th. With the appointment of a successor to former Supreme Court Justice Roh Tae-ak delayed by a dispute between the presidential office and the judiciary over recommending a justice, the number of vacant Supreme Court seats will effectively increase to two.
According to legal sources, Supreme Court Justice Lee Heung-gu will complete his six-year term and retire on the 7th. Lee was recommended by then–Chief Justice Kim Myeong-su in Sept. 2020 and was appointed under the Moon Jae-in administration.
Accordingly, the Supreme Court is expected to operate with a "13-member system" for the time being. As the vacancy for the successor to former Supreme Court Justice Roh Tae-ak has dragged on for more than half a year and Justice Lee Heung-gu is leaving the court without the selection of a successor being finalized, the scenario of two vacant justice seats has materialized.
However, Kim Seong-su, a presiding judge at the Seoul High Court who was recommended as Lee's successor, is currently undergoing a confirmation process. Unlike Presiding Judge Son Bong-gi of the Daegu District Court, who was recommended as the successor to former Supreme Court Justice Roh Tae-ak, in Kim Seong-su's case the presidential office and the judiciary reached an agreement, and President Lee Jae-myung submitted the consent motion for appointment to the National Assembly.
The National Assembly will hold a confirmation hearing on the 14th and convene a plenary committee meeting on the 16th to adopt the progress report. Still, even if the plenary vote on the consent motion and the presidential appointment process proceed as quickly as possible, a vacancy of two Supreme Court justices will be unavoidable for at least about 10 days.
Justice Lee Heung-gu belongs to the Third Petty Bench, which has been short one member since Justice Noh Kyung-pil was appointed head of the National Court Administration in July, leaving three members. If Lee also retires, the Third Petty Bench will shrink to two, half its full complement of four. Still, the Supreme Court may immediately reshuffle bench assignments through an adjustment of caseload distribution.
Even if nominee Kim Seong-su is appointed this month, a single-justice vacancy is expected to continue for the time being. The cause is the conflict between the presidential office and the judiciary stemming from Chief Justice Jo Hee-de's so-called "written recommendation."
Chief Justice Jo had said he would announce an official position this week regarding the presidential office's request for a renewed recommendation, but the announcement has been delayed due to his father's passing. Some in legal circles say he is likely to state his position soon to minimize trial delays.