“National and presidential authorities cannot interfere whatsoever with the chief justice’s appointment recommendations. The chief justice’s constitutional authority and obligations conclude with the formal recommendation,” Supreme Court Chief Justice Cho Hee-dae stated during a National Assembly Judiciary Committee audit.
The protracted standoff between the presidential office and Chief Justice Cho Hee-dae over Supreme Court nominee recommendations has entered its fiftieth day, leaving a vital judicial vacancy unfilled for a record duration, according to reports. The ongoing paralysis centers on the replacement for former Supreme Court Justice Noh Tae-ak, whose seat has remained vacant for 218 days following his retirement in March.
The confrontation escalated when Chief Justice Cho formally submitted a written recommendation on August 18, naming Daegu District Court Senior Judge Son Bong-gi as Noh’s successor to President Lee Jae-myung. The presidential office demanded a new nomination process. In response, Chief Justice Cho rejected the request during the parliamentary audit on October 6, triggering continuous calls for his resignation from ruling party officials.
Democratic Party Leaders Urge Chief Justice to Resign
Following the chief justice’s testimony, Democratic Party leaders criticized the judiciary head during a supreme council meeting on October 7. Democratic Party leader Kim Min-seok urged Cho to step down voluntarily, stating that retiring would be the final duty of a chief justice rather than facing awkwardness while infringing upon the constitutional rights of citizens to trials. Supreme Council member Lee Seong-yun added that resignation and impeachment remained the only paths left for a chief justice who ignores the public and the constitution, while lawmaker Park Gyun-taek noted that impeachment should be examined.
Prime Minister Han Sung-sook also joined the criticism during a press briefing in Sejong, questioning whether presidential appointment authority exists if nominations are simply accepted as submitted. Despite the sharp rhetoric, both the presidential office and Democratic Party leadership have held back from launching formal impeachment proceedings or filing constitutional court disputes. A Democratic Party leadership official noted that pursuing the impeachment of a judicial head carries severe public opinion risks, and if suspended, a deputy would still struggle to resolve the nomination deadlock.
Record-Breaking Judicial Vacancy Deepens Operational Strain
The 218-day vacancy marks the longest Supreme Court justice vacancy in the nation’s history. Legal experts warn that if the stalemate persists, the vacancy could remain unaddressed until Chief Justice Cho’s term expires in June of next year. Observers project that unresolved friction could complicate the upcoming confirmation process for Supreme Court Justice Chun Dae-yeob, who is scheduled to retire in May.
While the Supreme Court can technically continue conducting reviews and issuing rulings with eleven active justices instead of the standard twelve—excluding the Minister of National Court Administration—the reduced bench creates severe physical burdens. A former judge with Supreme Court experience explained that with one vacancy fixed as a baseline, standard international travel or scheduled absences pulling justices away for one to two weeks frequently overload the remaining panel, significantly impacting appellate review capacity.
Calls for Institutional Compromise Amid Path Forward Uncertainty
Legal circles and political analysts argue that President Lee and Chief Justice Cho must negotiate a compromise to protect the public right to a timely trial. A former high-ranking judge suggested that restructuring the Supreme Court Recommendation Committee to restart the vetting procedure remains the only viable mechanism, warning that without it, the current freeze could extend indefinitely. Political analyst Yoon Tae-gon noted that intensifying pressure on the chief justice increases the political burden on the ruling administration, placing the onus on the presidential office to break the stalemate.
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