조희대 ‘서면 제청’, 청와대-대법원 ‘대법관 구성’ 힘겨루기가 사태 뿌리

Kyeoh Deae expressed her opposition to the "appointment of judges by the president" in a memorandum submitted to the National Assembly's Legislative Judicial Committee on the 19th. The surface-level reason for this disagreement was the differing views on the perspective of Kim Min-gi, a Seoul High Court judge appointed by President Yoon Seok-yul as a temporary successor to former Supreme Court Justice Jae-myung.

However, the underlying issue appeared to be the ongoing power struggle between the executive branch and the judiciary over the selection of Supreme Court justices. Sources indicate that the Supreme Court sent appointment notices to designated individuals on the 3rd of the previous month, for former Supreme Court Justice No Jeong-ah and former Supreme Court Justice Hi-hyung Gu, respectively.

This situation has persisted for almost six months without resolution, resulting in a de facto "written notification" being sent to the executive branch. The Supreme Court requested a meeting with the president to discuss the appointment, which the president has yet to respond to. Conversely, the executive branch claims that no formal notice was provided.

Both the executive and judicial branches are reportedly at odds over the appointment of female judges. In January, the Supreme Court Judicial Nominations Committee recommended judges Kim Min-gi, Park Sun-young, and others, leading to two rounds of negotiations between both parties. President Yoon Seok-yul considered appointing female judges as a symbol of his government, while Supreme Court President Hi-hyung Gu initially rejected the suggestion of appointing Park Sun-young, considering her progressive views.

The executive branch accused the judicial branch of not aligning with their judgment criteria, while the judicial branch argued that appointing a specific individual would undermine the authority of the Supreme Court Chief Justice. This power struggle between the two branches has implications for the future selection of Supreme Court justices, with the number of Supreme Court justices increasing to 12 every three years starting in 2028, all appointed by the president.