[Edaily LEE JI-EUN Reporter, Kang Min-hyeok Trainee Reporter] With President Lee Jae-myung approving the appointment of Justice Kim Seong-soo, the number of vacant Supreme Court seats has been reduced to one. However, the conflict between the Blue House and the Supreme Court over the “re-nomination” of a successor to former Justice Noh Tae-ak has continued for 22 days. As President Lee and Chief Justice Cho Hee-dae exchange official statements, leading to a “tit-for-tat” standoff, attention is focused on what position Chief Justice Cho will take later this week.

With One Supreme Court Justice Seat Vacant… Lee and Cho Hee-dae Spar Over “Judicial Independence”

According to legal circles on the 20th, Chief Justice Cho has not made any significant statement for over three weeks since the Blue House requested the reappointment of a Supreme Court justice on the 28th of last month.

Earlier, on the 18th, President Lee approved the nomination of Justice Kim Seong-su. The National Assembly held a plenary session on the 17th and passed the motion to confirm Justice Kim with 227 votes in favor, 28 against, and 13 abstentions out of 268 lawmakers present. Although the ruling and opposition parties clashed over his qualifications during the confirmation hearing, the process of National Assembly approval and the President’s ratification of the appointment has been completed, bringing an end to the situation where two Supreme Court seats had been vacant since the retirement of former Justice Lee Heung-koo.

On the other hand, the selection process to fill the vacancy left by former Justice Noh Tae-ak has effectively stalled.

The disagreement between the two sides came to the forefront on the 28th of last month when the Blue House rejected the nomination of Son Bong-gi, a presiding judge at the Daegu District Court, who had been nominated by Chief Justice Cho, and demanded a resubmission. The tension between the two sides, which had been evident since Chief Justice Cho’s written nomination, escalated into a full-blown clash following the Blue House’s demand for a resubmission.

The Blue House and the Democratic Party of Korea are urging the Supreme Court to resubmit one of the three remaining candidates recommended by the Supreme Court Justice Nomination Committee—Kim Min-gi and Park Sun-young, judges on the Seoul High Court, and Yoon Seong-sik, a presiding judge on the Seoul High Court—as the successor.

On the other hand, the Supreme Court maintains that the Blue House’s demand for a resubmission is not only an unprecedented event in constitutional history but also that it is carefully reviewing its response, taking into account the separation of powers and the importance of Supreme Court justice appointments. It is reported that the Court has been reviewing the Constitution and relevant laws and gathering opinions from leading constitutional scholars and senior legal figures.

Tensions between the two sides escalated further when the President and the Chief Justice of the Supreme Court both publicly issued statements regarding judicial independence on the same day.

At a press conference addressed to the public on the 18th, President Lee, regarding Chief Justice Cho’s recent remarks on “judicial independence,” said, “I think we need to consider why independence is granted to state institutions,” and otherwise kept his comments brief.

On the same day, at the closing ceremony of the “20th Asia-Pacific Conference of Chief Justices,” Chief Justice Cho reiterated the importance of judicial independence, stating, “While the courts must adapt to change, the principles that guide us must remain unwavering. The independence, fairness, and integrity of the judiciary, as well as the public’s trust, must always be protected.”

Supreme Court Remains Silent for Over 3 Weeks… Speculation That a Statement May Come After Chuseok

Concerns are growing both inside and outside the courts over the Supreme Court’s prolonged silence. This is because the situation has escalated into a political battle as the court’s statement has been delayed. Considering the potential harm to the public caused by delays in appeals proceedings and the risk of eroding public trust in the judiciary, the Supreme Court finds it difficult to indefinitely postpone a decision.

With major court events—such as “Korea Court Day” (the 11th) and the Asia-Pacific Conference of Chief Justices (the 16th–19th)—coming to a close, there is speculation that Chief Justice Cho may announce his position this week. However, given public sentiment ahead of the Chuseok holiday and the political calendar, some predict the announcement could be pushed back to next week.

If Chief Justice Cho decides to resubmit a nomination, the plan to start the process anew—beginning with the formation of the Supreme Court Justice Nomination Committee—is gaining traction. Justice Kim Seong-soo also stated during his confirmation hearing, “Based on the wording of the relevant law itself, it is correct to form the nomination committee each time a candidate is recommended.”

A presiding judge at a court in the Seoul metropolitan area said, “As legal professionals, we would have no objection to the process of resubmitting nominations,” but added, “Since the issue has already become politicized, we have no choice but to carefully consider the message and timing.”