Rep. Kim Tae-kyu of the People Power Party questions Noh Kyung-pil, Minister of National Court Administration, during a plenary session of the National Assembly Legislation and Judiciary Committee on the 19th. Referring to Lee Jae-myung’s Public Official Election Act case, Rep. Kim stated, "They should have made a final judgment themselves instead of remanding the case." [Photo= Sisa Focus screen capture]On the 19th, People Power Party Rep. Kim Tae-kyu addressed the Supreme Court's decision to remand Lee Jae-myung’s Public Official Election Act case with the intent of a guilty verdict, arguing, "They should have issued a final judgment themselves rather than remanding it." He also criticized the judiciary, stating that the current situation—where the Democratic Party of Korea is even discussing impeachment over Chief Justice Cho Hee-dae’s recommendation for Supreme Court Justice appointments—is a result of the judiciary failing to protect its own independence.

During the Legislation and Judiciary Committee plenary session held that day, Rep. Kim asked Minister of National Court Administration Noh Kyung-pil, "Do you know who is above the various ministries in the Republic of Korea? It is the chairs of the National Assembly standing committees." He added, "In reality, the Legislation and Judiciary Committee Chair Seo Young-kyo sits above Supreme Court Chief Justice Cho Hee-dae. This is the reality of the Republic of Korea."

Drawing from his own experience as acting chairperson of the Korea Communications Commission, Rep. Kim stated, "At that time, the Science, ICT, Broadcasting and Communications Committee chair was effectively sitting above the Korea Communications Commission." He argued that the National Assembly standing committees are exerting pressure on the independence and inherent authority of the agencies they oversee, and that this pattern is now being repeated within the judiciary.

He also criticized the silence of judges and prosecutors.

Rep. Kim pointed out, "The judges and prosecutors are truly cowardly. No one stepped up when the prosecution was being dismantled, and even now, as the Chief Justice is being summoned to the National Assembly, no judge has taken a proper stand."

He continued, "Separation of powers and judicial independence are things you must defend yourselves," adding, "In this room, people are talking about the Chief Justice's behavior, his political actions, and calling him a 'judicial politician.'"

He also directed sharp criticism at Chief Justice Cho. Comparing him to a "stubborn, old-fashioned judge" (ttalkakbali), Rep. Kim assessed him as someone who "lacks the ability to make sound political judgments."

He further remarked, "If he had made the right political judgment, the trial should have ended there. Why remand a case when the verdict is guilty? They should have issued a final judgment. Wouldn't that prevent a criminal from becoming president?"

His argument is that the Supreme Court should have ended the case by making a final ruling itself instead of sending it back to a lower court. As Rep. Kim made his "criminal president" remark, protests erupted from the Democratic Party benches, with members shouting, "Watch your language." Rep. Kim retorted, "It is my turn to speak. Be quiet," leading to a heated exchange of shouting in the meeting hall.

Regarding the referral of cases to the Supreme Court's full bench, which the Democratic Party has taken issue with, Rep. Kim criticized them, saying, "In a way, referring a case to the full bench can be considered part of the power to direct litigation. Yet, they are questioning why it was referred and are again bringing up the topics of abuse of power and impeachment."

Concerning the controversy over the right to recommend Supreme Court Justice appointments, he noted that once the Supreme Court Justice Recommendation Committee narrows down the candidate pool, the Chief Justice chooses the final candidates within that range.

He argued, "People talk as if the Chief Justice has immense power, but in reality, he only has the passive right to choose from within the recommended range. After stripping him of the authority to find and choose candidates himself, they now want to eliminate even that limited choice so they can do as they please—that is what this situation is about."

Rep. Kim also mentioned the introduction of a law against judicial distortion, the expansion of the number of Supreme Court Justices, and the push for judicial appeals. He said, "The National Assembly is the entity unilaterally pushing these things. The indifferent and passive attitude of the internal members of the judiciary is what has led to the current situation."

He then demanded that Minister Noh express a public position, stating, "If you have any intention of protecting the judiciary, even at this late hour, it is right to say something." Minister Noh replied, "I have nothing to say."

Meanwhile, the Legislation and Judiciary Committee passed a motion to summon Chief Justice Cho, driven by the Democratic Party and other pan-ruling-bloc parties, with 10 votes in favor and 4 against out of 14 present members. The Democratic Party intends to directly question Chief Justice Cho about the written recommendation process for Supreme Court Justice candidates and the circumstances surrounding the referral of major cases to the full bench.

The People Power Party protested, calling this an act of pressure that infringes upon the Chief Justice's constitutional right to make recommendations and violates the independence of the judiciary.