Politics · South Korea · 17 hrs ago
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.
Government Legislation Minister Cho Won-cheol said Supreme Court Chief Justice Cho Hee-dae must submit a new candidate for the court.
Cho Won-cheol said the president is not required to appoint a justice candidate recommended by the chief justice.
The dispute began after President Lee Jae Myung rejected a candidate and asked the chief justice to make a new recommendation.
Chief Justice Cho refused, saying Lee’s demand lacked constitutional grounds and could threaten judicial independence.
Lawmakers from the ruling and opposition parties clashed over the minister’s interpretation during a parliamentary audit on Oct. 15.
- Who
- Government Legislation Minister Cho Won-cheol, President Lee Jae Myung and Supreme Court Chief Justice Cho Hee-dae.
- What
- The minister said the chief justice must submit a new candidate after the president rejected his recommendation.
- When
- Oct. 15, 2026, during a parliamentary audit.
- Where
- The National Assembly in South Korea.
- Why
- Lee rejected the candidate, saying there had not been sufficient prior consultation, and asked the chief justice to recommend someone else.
President Lee and Cho Won-cheol
Chief Justice Cho Hee-dae and People Power Party lawmakers
New recommendation
President Lee and Cho Won-cheol
Cho Won-cheol said refusing to submit a new recommendation would mean the chief justice was failing to meet his constitutional duties.
Chief Justice Cho Hee-dae and People Power Party lawmakers
Cho Hee-dae refused Lee’s request, arguing it lacked constitutional grounds and could undermine judicial independence.
Presidential appointment power
President Lee and Cho Won-cheol
Cho Won-cheol said the president is not bound to appoint a candidate recommended by the chief justice.
Chief Justice Cho Hee-dae and People Power Party lawmakers
People Power Party lawmaker Park Hyung-soo questioned the point of the recommendation power if the president could keep rejecting candidates until one he liked was proposed.
President Lee rejected a Supreme Court justice candidate recommended by Chief Justice Cho, citing insufficient prior consultation.
Lee asked Cho to make a new recommendation, but Cho refused.
Cho Won-cheol said during a parliamentary audit that the chief justice had a constitutional duty to submit a new recommendation.
Ruling and opposition lawmakers disputed the minister’s interpretation during the audit.
- Minister
- Cho Won-cheol
- Chief justice
- Cho Hee-dae
- President
- Lee Jae Myung
- Audit date
- Oct. 15, 2026
- Constitutional process
- Supreme Court justices are appointed by the president on the chief justice’s recommendation and with National Assembly consent
6 sources
What people are saying
The president is not bound by the recommendation and is therefore not obligated to appoint the recommended candidate
a form of suggestion
The Supreme Court chief justice would be neglecting his constitutional duties if he refuses to submit a new recommendation