Why Korea’s president and chief justice are butting heads over Supreme Court justice nominations

Korea's President and Chief Justice are currently in conflict over the nomination of Supreme Court justices. The Korean Constitution outlines that the President appoints Supreme Court Justices upon the recommendation of the Chief Justice and with the consent of the National Assembly. This process, however, can break down if the Chief Justice and President disagree on who should be nominated.

Traditionally, the President and Chief Justice reach a preliminary agreement before moving forward with the recommendation, consent, and appointment process. The Chief Justice must recommend candidates through a committee, which is mandated by the Court Organization Act. The committee is composed of various esteemed individuals from different sectors, including judges, lawyers, and experts in the field.

The most recent nomination committee, chaired by Professor Eun-jeong Park, recommended Kim Seong-su to fill the upcoming vacancy, but the replacement for Chief Justice Rho Tae-ak remains undecided. Chief Justice Jo Hee-de simultaneously recommended Son Bong-gi and Kim Seong-su, which contravenes the established protocol. This move highlights the longstanding tension between the President and the Chief Justice, which has persisted even after several instances of friction in the past.

Despite this, the custom of reaching mutual concessions in such disputes has generally been preserved.