A strange methodology to appoint chief judge

The chief judge of the country’s biggest court — the Seoul Central District Court — will be appointed for the first time through internal recommendation. The system was introduced by Supreme Court Chief Justice Kim Myeong-soo in 2019. Judges of district courts can vote to recommend candidates for their new boss, from which the chief justice can name one.

Head judges have been appointed under such procedures in 13 district courts. Excluding the Incheon district court where head judge’s term remains, all other 20 district courts would be headed through internal recommendation by next year. Four senior judges have been recommended for the chief judge position at the Seoul Central District Court.

The concept was designed to decentralize the monopolistic appointment authority of the Supreme Court Chief Justice. But it has been causing controversy over populism. Judges hoping to be promoted entertained colleagues and pleaded to win their vote. The design of the system was also questioned as the candidate with the biggest votes did not end up being the chief judge.

The national council of judges which had mostly supported Chief Justice Kim’s reform drive has begun to protest the move. It claimed the recommendation system has turned into a popular vote and expanded populism in the judiciary, criticizing the chief justice of enforcing the system despite its apparent flaws to consolidate his legacy. The council challenged if the Supreme Court and the National Court Administration (NCA) have studied the merits and demerits of the system and listened to opinions of others.

During the de facto campaigning period, senior judges did not make unpopular moves such as pressing the bench to hurry with trial procedures. According to a Korea Bar Association survey in August, 89 percent of 666 lawyers who complied with the questionnaire said they had experienced trial delays over the last five years. During his confirmation hearing, Judge Oh Seok-joon who was recently appointed as a Supreme Court justice spoke disapprovingly of the system. He said the system, when maintained, could cause delays in trial process.

According to the 2022 Judiciary Annual Book of the NCA, it had taken 321.9 days for the first trial ruling last year, compared with the average of 265 in 2017 and 2018.

Still, the Supreme Court chief justice is determined to expand the system. He must pay heed to inner and outside voices to decide whether to moderate the system if he does not want to trigger suspicion about his legacy building.