Leadership void at Supreme Court as politics stall appointment

Politics

Published: 25 Sep. 2023, 16:33

Leadership void at Supreme Court as politics stall appointment

Lee Gyun-ryong, the Supreme Court chief justice nominee, takes questions from lawmakers at a confirmation hearing at the National Assembly in Yeouido, western Seoul, last Wednesday. The National Assembly is facing delays in voting on his appointment after the Democratic Party floor leadership resigned en masse Thursday. [NEWS1]

The Supreme Court starting Monday is without a chief justice for the first time in 30 years.

The vacuum in the country's top court position comes amid delays in the appointment process for the chief justice nominee, Lee Gyun-ryong, who was tapped to the post by President Yoon Suk Yeol last month.

A motion to appoint nominee Lee as his successor was initially expected to take place in a parliamentary plenary session Monday but was postponed after the floor leadership of the liberal Democratic Party (DP) stepped down last week to take responsibility for the passing of the parliamentary arrest motion against DP chief Lee Jae-myung.

Kim Myeong-su's six-year term as chief justice expired Sunday with his retirement. He had held the position since September 2017, after being appointed during the Moon Jae-in administration.

For the time being, the top court will be run under an acting chief justice system, headed by Justice Ahn Cheol-sang, currently the most senior of the 13 justices on the bench, legal sources said Monday. Ahn has served as a Supreme Court justice since 2018, previously serving as chief judge of Daejeon District Court.

This marks the first time there has been such a vacuum in the top court since 1993, when former Chief Justice Kim Deok-ju resigned over real estate speculation allegations, and Justice Choi Jae-ho took over as acting chief justice for two weeks.

The Supreme Court held a meeting Monday afternoon to discuss a response to the immediate vacancy and also the scope of the authority of the acting chief justice.

It is yet unclear if the motion will pass in the DP-controlled National Assembly, in which case Yoon may have to nominate another candidate, leading to a prolonged vacancy in the top court post.

Lee, a conservative judge who has served as a senior judge at Seoul High Court, was grilled in a parliamentary hearing last week on allegations of underreporting family assets. The DP also pointed to Lee's personal connections to President Yoon, a former prosecutor and one year his junior at Seoul National University School of Law, and questioned whether he was an appropriate candidate to ensure the independence of the judiciary.

Lee was also accused of using his position as a judge to get his son an internship at Kim & Chang, the country's top law firm, in 2009. Lee has rejected allegations of preferential treatment for his son.

The National Assembly adopted a confirmation hearing report last Thursday for Lee, but the voting has been delayed indefinitely amid the parliamentary freeze.

A majority of a quorum of lawmakers would need to vote for Lee's nomination for him to be appointed as Supreme Court chief justice.

The top court is reportedly hopeful that the National Assembly will meet after the Chuseok holiday which begins Thursday, between Oct. 4 and 6, to vote on the motion to appoint Lee.

The DP is expected to decide on a new floor leader Tuesday, after which the parliament could resume discussions on a vote to appoint the chief justice. However, a parliamentary audit is scheduled from Oct. 10 to 27, meaning that if the DP and PPP do not come to an agreement to hold a plenary session in early October, the motion to vote for Lee's appointment will likely not be able to take place until November.

The next regular plenary session is scheduled for Nov. 9.

The court also faces worries over a further extended chief justice void, with acting Chief Justice Ahn and Min You-sook expected to retire on Jan. 1, 2023. The authority to appoint justice candidates fall on the chief justice, leading to a possibility of a chain of delays and vacancies. There has been no precedent where an acting chief justice has recommended Supreme Court justice candidates.

The conservative People Power Party (PPP) urged for the motion to appoint Lee as Supreme Court chief justice to be processed as soon as possible, citing worries over the top court vacancy.

Jun Joo-hyae, a PPP floor leader spokesperson, said in a statement, "With the resignation of the DP's floor leadership, the processing of the motion to appoint candidate Lee has become uncertain, and the Democratic Party, incited by the need to hunt down traitors [within the party], is trying to vent its anger by saying it will vote down candidate Lee."

She continued. "Now is the time for the National Assembly to fulfill its original responsibilities. The DP shouldn't shut down the National Assembly over its own internal circumstances."

Kim Myeong-su, the outgoing Supreme Court chief justice, right, receives applause at his retirement ceremony at the top court’s headquarters in Seocho District, southern Seoul, Friday. His six-year term as Supreme Court chief justice ended Sunday. [NEWS1]

BY SARAH KIM [kim.sarah@joongang.co.kr]