[사설]조희대 대법원장, ‘대법원 다양화’ 가치 맞춰 대법관 후보 재제청하길

President Lee Jae-myung denied South Korean Constitutional Court Chairman Jo Hui-deok's request to appoint Nambuk Lee as a new judge on September 28th. This decision broke the tradition that Jo followed in appointing new judges after consulting with the president. Chief spokesman for the Blue House, Chung Yu-jin, stated that this decision lacked procedural completeness and failed to meet the national demand for diverse representation in the judiciary.

The current lineup of nine conservative appointees to the Constitutional Court, including President Lee Jae-myung's presidency, has been criticized for lacking gender and ideological diversity. Jo Hui-deok, who won a narrow victory in the presidential election, has faced questions about his preference for progressive-minded female judges like Kim Min-ki, who served as a Seoul High Court judge under the previous administration.

Despite being informed that Lee's wife is currently a constitutional judge, Jo has delayed the appointment for nearly seven months. While the Constitutional Court argued that Lee's spouse's status as a constitutional judge precludes her from being appointed, a recent hearing at the National Assembly's Law and Justice Committee revealed that the presence of a constitutional court judge-spouse does not invalidate the appointment.

This delay in appointing a new judge to the Constitutional Court raises concerns about the court's continued conservative bias, especially given Jo's recent appointment of conservative-leaning High Court judge Kim Seong-su. This trend would further solidify the Conservative nature of the Constitutional Court. The Constitution establishes that the president nominates judges, and the legislature must approve and provide input to the president.

This process serves as a check and balance to prevent a single institution from monopolizing the appointment of judges. The president's duty to ensure a diverse representation of judges in terms of gender, experience, and values is a vital safeguard against judicial independence being compromised.