Backstreet battle over inner-city beer garden escalates to Supreme Court

SEOUL, Aug. 28 (Yonhap) -- The presidential office has declined to nominate one of two Supreme Court justice candidates suggested by chief justice Cho Hee-dae and instead requested the head of the top court to submit a new recommendation, the office announced on Friday. Presidential spokesperson Kang Yu-jung disclosed the decision following criticism from an official who alleged that Cho exceeded presidential authority by bypassing the usual practice of recommending candidates after consultations.

In August, Cho proposed two regional court judges for appointment as Supreme Court justices. Kang indicated that Cho's recommendation of one candidate lacked proper procedure and instructed him to provide a new recommendation rather than forwarding the candidate to the National Assembly for approval. The other nominee's nomination will be forwarded to the National Assembly for approval later in the day, based on a general consensus reached on his candidacy.

Cho submitted his recommendations in writing without following the customary practice of making in-person recommendations to the president after prior consultation. A Cheong Wa Dae official previously accused Cho of infringing on the president's authority, though many contend that the tradition of prior consultations might have unlawfully required the chief justice to obtain prior consent, potentially undermining the separation of powers.

Kang defended the presidential office's request for a new recommendation as part of its commitment to safeguard the president's right to make suitable appointments. Cho expressed regret for causing public concern and pledged to announce his official position next week. The main opposition People Power Party accused the ruling party of attempting to undermine the chief justice's authority and legal right to recommend justice nominees, emphasizing that such authority serves as a crucial safeguard for judicial independence.

Some PPP lawmakers have suggested that President Lee Jae-myung might be aiming to appoint justices favorable to him, given his potential legal challenges post-office.