When in doubt, follow the Constitution

In the midst of a dispute over the selection of a nominee for Supreme Court justice, President Lee Jae Myung and Chief Justice Cho Hee-dae are locked in conflict, each accusing the other of violating the Constitution. To settle this disagreement, they ought to delve into the Constitution's provisions regarding the recommendation and appointment process, rather than twisting its interpretation to suit their own agendas.

Article 104, Paragraph 2 of the Constitution lays out the procedure for appointing Supreme Court justices. It states that the president appoints justices based on a recommendation from the chief justice, and upon obtaining the consent of the National Assembly. This arrangement delineates the responsibilities of the executive, legislative, and judicial branches, embodying the principle of checks and balances in the selection of Supreme Court justices.

According to this constitutional provision, the chief justice is responsible for recommending candidates, the National Assembly has the power to grant its consent, and finally, the president executes the appointment. Thus, the Constitution allocates a specific role to each branch in the process.