Citing Article 103 of the Constitution, Chief Justice Argues Disclosure of Deliberations Would Undermine Independence
Justices Oh Kyungmi, Lee Heunggu, and Others Also Submit Statements Declining Attendance
Democratic Party and Cho Kuk Innovation Party Push Ahead with 'Presidential Election Interference' Hearing on the 30th
People Power Party Protests 'Politicization of the Judiciary'... Intensifying Ruling and Opposition Standoff Over the Hearing
Chief Justice Cho Hee-dae has officially announced that he will not attend the National Assembly Legislation and Judiciary Committee's hearing on alleged presidential election interference, scheduled for September 30. Chief Justice Cho argued that the hearing could lead to demands to disclose the judiciary's internal deliberations related to ongoing trials, which he claims would violate the principle of judicial independence.
According to political sources on September 28, Chief Justice Cho conveyed this position in a written opinion submitted to the National Assembly Legislation and Judiciary Committee on September 26. In the statement, he explained that the hearing is focused on the Supreme Court's ruling delivered in May and includes requests for explanations regarding the decision-making process. He stated that, as someone who must uphold the Constitution and the law, he cannot attend the hearing. He particularly emphasized that attending would run counter to Article 103 of the Constitution, which guarantees judicial independence, as well as the intent of the Court Organization Act, the Act on the Inspection and Investigation of State Administration, and the National Assembly Act.
Chief Justice Cho is not the only official to express an intention not to attend the hearing. Supreme Court Justices Oh Kyungmi, Lee Heunggu, Lee Sukyeon, and Park Youngjae, as well as Court Administration Chief Chun Daeyeob, Seoul Central District Court Chief Judge Oh Minseok, and Seoul Central District Court Senior Judge Ji Gwiyoun, have all submitted written statements to the National Assembly stating that their attendance would be difficult. They commonly asserted that the circumstances and deliberations of ongoing cases cannot be disclosed, and that their legal views are already reflected in the written rulings.
The hearing, led by the Democratic Party and the Cho Kuk Innovation Party, was initiated to seek explanations for the Supreme Court's decision to remand with a guilty verdict the case involving President Lee Jaemyung, who was a presidential candidate at the time, for violating the Public Official Election Act. The Supreme Court delivered its ruling just nine days after receiving the case. On September 22, the Legislation and Judiciary Committee approved the hearing plan and the list of witnesses at a full committee meeting. In addition to Chief Justice Cho, former Prime Minister Han Ducksoo, Seoul Central District Court Senior Judge Kim Jook, Busan District Court Senior Judge Noh Haengnam, journalist Jung Kyuje, and Korea University Professor Kim Seontaek were selected as witnesses or reference persons.
The People Power Party has criticized the hearing as a unilateral move by the Democratic Party, pointing out that they did not participate in the vote. The party strongly opposes what it sees as an attempt to use the judiciary as a political tool, and the standoff between the ruling and opposition parties is expected to intensify further as a result of this hearing.
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