Kwon Seong-dong: "Undermining Judicial Independence... Shaking the Foundation of the Three-Tier Court System"
Cheon’s Past Remarks on "Unconstitutional Military Command Authority"
Supreme Court Justice Encroaching on the Constitutional Court’s Domain
Kwon Seong-dong, floor leader of the People Power Party, criticized Cheon Dae-yeop, head of the Court Administration Office (Supreme Court Justice), on the 13th for pointing out that the prosecution did not file an immediate appeal against President Yoon Seok-yeol's decision to cancel his detention the previous day and stating that it is necessary to receive a judgment from the appellate court. Kwon said this "undermines the independence of the judiciary and the stability of the judicial system." His remarks are interpreted as an attempt to prevent the re-ignition of controversy over President Yoon's detention cancellation.
At an emergency meeting held at the National Assembly that day, Floor Leader Kwon stated, "Although it is merely Cheon’s personal opinion, as the head of the Court Administration Office overseeing the court’s administrative affairs, it undermines the independence of the judiciary and the stability of the judicial system. It is a very reckless remark."
Kwon argued that the head of the Court Administration Office does not have the authority to intervene and overturn decisions made in lower courts or the prosecution’s release decisions. He criticized, "For a Supreme Court Justice to deny and influence the reversal of the Central District Court’s panel ruling is the judiciary itself violating the principle of judicial independence and shaking the foundation of the three-tier court system."
He continued, "The prosecution’s decision to forgo an immediate appeal was an autonomous and independent judgment to minimize unnecessary confusion," and pointed out, "Cheon’s remarks even infringe upon the prosecution’s autonomy."
Kwon Seong-dong, floor leader of the People Power Party, is speaking at the Emergency Response Committee meeting held at the National Assembly on the 13th. 2025.3.13 Photo by Kim Hyun-min
Kwon also revisited Cheon’s remarks on December 11 last year at the National Assembly’s Legislation and Judiciary Committee plenary session, where Cheon referred to the December 3 emergency martial law as an 'unconstitutional military command authority,' saying, "He is making political remarks siding with the Democratic Party, which is very concerning, and I strongly warn him," and claimed, "It can only be seen as him constantly engaging in politics for the Lee Jae-myung faction while appearing before the National Assembly."
At that time, when Ju Jin-woo, a People Power Party lawmaker, asked whether there was a concern about delays in the public election law trial of Lee Jae-myung, leader of the Democratic Party of Korea, Cheon did not answer but evaluated President Yoon’s declaration of emergency martial law and the National Assembly’s resolution to lift the martial law as 'unconstitutional military command authority exercise' and 'constitutional and timely exercise of the legislature’s right to resist,' respectively.
Floor Leader Kwon emphasized, "Whether something is constitutional or not is a matter for constitutional court justices to decide, but a Supreme Court Justice is encroaching on the constitutional court’s domain," and urged, "The Constitutional Court must strictly adhere to due process principles to minimize social conflict and quickly restore social stability after the impeachment trial. I call for a fair impeachment trial by the Constitutional Court."
He also addressed the prosecution, saying, "They must never be shaken by the personal opinions and overreach of the head of the Court Administration Office," and added, "I hope Prosecutor General Shim Woo-jung keeps in mind that if the prosecution’s independent and autonomous judgment is overturned by the personal opinion of the head of the Court Administration Office, it would mean the prosecution itself is denying its own existence."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
