[Full Text] Cho Hee-dae: "In a Nation with Separation of Powers, It Is Rare for Judges to Be Subject to Audits or Hearings"

Chief Justice Cho Hee-dae is entering the National Assembly Main Building on the 13th to attend the National Assembly Legislation and Judiciary Committee's audit. 2025.10.13 Photo by Kim Hyunmin

On the 13th, Chief Justice Cho Hee-dae, who attended the National Assembly Legislation and Judiciary Committee's audit, stated in his opening remarks, "In a rule-of-law nation with a system of separation of powers, it is difficult to find examples where judges have been called to testify as subjects of audits or hearings regarding judicial matters."

The following is the full text of Chief Justice Cho's remarks.

Honorable Chairperson Choo Mi-ae of the National Assembly Legislation and Judiciary Committee, and distinguished members!

I sincerely thank the Chairperson and all members for your dedication to this audit, despite your busy legislative schedules.

The judiciary has made continuous efforts to fulfill its constitutional mission of protecting the rights of the people through prompt and fair trials. Nevertheless, we are keenly aware that the judiciary still falls short of meeting the public's expectations. We will continue to humbly accept the public's feedback and actively participate in ongoing discussions in the National Assembly to improve the judicial system, striving to become a judiciary that earns the trust of the people. Furthermore, I ask for your special interest and cooperation so that, based on close communication with the National Assembly, the judiciary can develop desirable measures for judicial reform from the perspective of the people.

Honorable Chairperson and members!

The National Assembly audit is an important occasion to reflect on all the work the judiciary has carried out over the past year and to listen to the voices of the people. We will take your criticisms and suggestions, as representatives of the people, as valuable guidance for building a better judiciary. In addition, all members of the judiciary, myself included, will approach this audit with sincerity and diligence to ensure its substance and effectiveness.

Since my inauguration as Chief Justice, I have performed my duties solely in accordance with the Constitution and the law, and I state clearly that I have never deviated from justice and conscience. Nevertheless, I cannot help but feel a deep sense of responsibility and regret regarding the current circumstances surrounding the judiciary. Going forward, I will listen attentively to the diverse opinions from the National Assembly and all sectors of society, and will more faithfully fulfill my duties of service and responsibility to the people. I would also like to add a few words regarding this audit.

The reason I am here today is in accordance with established practice, whereby the Chief Justice attends the opening and closing of the National Assembly audit to deliver opening and closing remarks.

However, the request for my testimony as a witness in this audit includes demands for explanations about the deliberation process of an ongoing trial. This raises concerns that it does not align with Article 8 of the Act on the Inspection and Investigation of State Administration, which stipulates that "the National Assembly audit must not be conducted for the purpose of intervening in ongoing trials," as well as Article 103 of the Constitution of the Republic of Korea, which guarantees the independence of the judiciary, and Article 65 of the Court Organization Act, which stipulates the confidentiality of deliberations.

Of course, judges bear unlimited responsibility for their own trials, and all judgments can be subject to healthy criticism in the public sphere. However, if judges are called to testify regarding judicial matters simply because they presided over certain cases, it could discourage judges from conducting trials according to the Constitution, the law, and their conscience, and may even result in them being influenced by outside pressures. For these reasons, in rule-of-law nations with a separation of powers, it is difficult to find examples where judges have been called to testify as subjects of audits or hearings regarding judicial matters. I understand that, in the past, when there was debate in the National Assembly over the necessity of the Chief Justice's attendance as a witness at audits, restraint was exercised out of respect for the constitutional spirit and values of separation of powers and judicial independence. This is based on the belief and historical experience that judicial independence is an essential prerequisite for the realization of democracy and the rule of law.

To ensure a substantive audit, the Supreme Court has already provided thorough written responses to members' questions in advance of this audit, and has promptly prepared and submitted judicial administrative responses to "urgent written inquiries on Supreme Court issues." For any remaining issues, the Chief Judge of the National Court Administration, who is appointed from among the Supreme Court Justices and delegated overall authority by the Chief Justice to oversee judicial administration, will respond, or I will address the issues raised during the audit in my closing remarks at the conclusion of the audit.

In closing, I once again deeply thank the Chairperson and all members for your dedication and hard work in preparing for this audit. I also wish the Chairperson and all members continued health and happiness.

Thank you very much.

October 13, 2025

Chief Justice Cho Hee-dae