Politics · South Korea · 17 hrs ago

South Korea legislation minister says chief justice must suggest a new judge

South Korea legislation minister says chief justice must suggest a new judge

South Korea’s legislation minister says the Supreme Court chief justice must recommend a new judge after President Lee Jae Myung rejected the first candidate.

Lee asked Chief Justice Cho Hee-dae for a new recommendation, saying the candidate had been proposed without enough prior consultation.

Cho refused, arguing that the request has no constitutional basis and could weaken judicial independence.

The Constitution says Supreme Court justices are appointed by the president on the chief justice’s recommendation, with the National Assembly’s consent.

Minister Cho Won-cheol says the president is not bound to appoint the recommended candidate, and that recommending candidates is a form of suggestion.

He told lawmakers that refusing to make a new recommendation would mean the chief justice was not meeting his constitutional duties.

Lawmakers are divided over whether that interpretation is valid, and legal scholars also disagree about what the Constitution requires.

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What people are saying

Cho Won-cheolGovernment Legislation Minister
The president is not bound by the recommendation and is therefore not obligated to appoint the recommended candidate
via Yonhap
a form of suggestion
via Yonhap
The Supreme Court chief justice would be neglecting his constitutional duties if he refuses to submit a new recommendation
via Yonhap