Seoul High Court chief says nomination, appointment and consent powers are equal

Seoul High Court Chief Judge Kim Dae-woong said the powers of three institutions are equal, addressing a dispute over renewed nominations of Supreme Court justices. His position is that the president's appointment power, the chief justice's nomination power and the National Assembly's power to consent to appointments should be regarded as having equal standing.

Kim expressed that view on the 16th during the National Assembly Legislation and Judiciary Committee's audit of the Seoul High Court and other courts. People Power Party lawmaker Yoon Sang-hyun said the presidential office described the chief justice's nomination power as supporting the president's appointment power and asked for Kim's view. Kim replied that he did not think any of the three powers ranked above or below the others.

Minister of Government Legislation Cho Won-cheol offered a different explanation of nomination power at the parliamentary committee's audit of his ministry the previous day. Asked by Democratic Party lawmaker Kim Dong-a what the chief justice's nomination power meant, Cho described it as a form of recommendation and proposal.

Former lawmaker Cho Eung-cheon said the law distinguishes recommendation from nomination: the Supreme Court justice candidate recommendation committee makes recommendations, while the chief justice makes nominations. He argued that forcing changes until a candidate favored by the president emerged would leave nomination intact only in form, with the president effectively choosing the nominee, and that powers divided by the Constitution must not be combined according to the president's wishes.