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Democratic Party pushes for unprecedented on-site inspection of Supreme Court… visits main courtroom, small courtroom, and justices' chambers
People Power Party members protesting at the Legislation and Judiciary Committee audit. Yonhap News.
The parliamentary audit of the Supreme Court, held on the 15th, descended into chaos as members of the Democratic Party of Korea on the Legislation and Judiciary Committee pushed through an unprecedented on-site inspection.
Legislation and Judiciary Committee members from the People Power Party (PPP) protested against the move, labeling it a "raid on the Supreme Court," and returned to the National Assembly, resulting in a "half-baked audit."
This was the second day of the Supreme Court audit, following the first session on the 13th. The Democratic Party had initiated the inspection to verify Supreme Court server logs and data related to the en banc ruling that decided to remand the case concerning President Lee Jae-myung’s alleged violation of the Public Official Election Act; however, the inspection yielded no significant results.
Although Chief Justice Cho Hee-dae appeared at the audit venue just before the conclusion to deliver closing remarks, stating, "We will improve upon the shortcomings," Democratic Party lawmakers argued that their questions remained unanswered and even suggested the possibility of an additional parliamentary audit.
Chairperson Choo Mi-ae opened the session after finishing the committee’s plenary meeting in the Supreme Court conference room that morning, and immediately announced, "We will begin an on-site inspection of the Supreme Court."
She explained, "Today's on-site inspection is intended to verify materials such as electronic log records related to the process of the presidential candidate's remand judgment, as well as data serving as the basis for the budget required for increasing the number of Supreme Court justices."
Despite protests from PPP lawmakers and subsequent friction between the ruling and opposition parties, Chairwoman Choo declared a suspension of the audit around noon, stating, "Due to time constraints, we will move to the site," and left the audit hall.
Officials from the National Court Administration, the judicial administrative body under the Supreme Court, were visibly flustered by the unexpected actions of the Democratic Party lawmakers.
Cheon Dae-yeop, Minister of National Court Administration, held consultations with Chairwoman Choo and others, and the full-scale inspection took place in the afternoon.
At approximately 3:36 PM, as she resumed the audit, Chairwoman Choo announced, "Guided by the National Court Administration, we will move to the main courtroom, the small courtroom, and the justices' offices to conduct an on-site inspection."
Following this, Chairwoman Choo and the Democratic Party members left the audit hall amid strong protests from PPP members and arrived at the main courtroom at 3:40 PM under the guidance of Minister Cheon.
They spent four minutes touring the main courtroom and three minutes in the small courtroom as part of the "on-site inspection." They then proceeded to the 9th floor, toured the justices' offices for about ten minutes, and returned to the audit hall.
Although the original plan reportedly included inspecting the Chief Justice’s office and the server room to verify logs related to the case against President Lee, it is understood that this was not carried out.
After the inspection, Rep. Kim Yong-min told reporters, "We felt it was necessary to verify basic matters—such as whether the Supreme Court needs to be expanded or relocated, or how offices should be arranged if the number of justices is increased—to assist in legislation," adding, "The inspection proceeded smoothly under the guidance of the Supreme Court."
Rep. Park Eun-jung of the Rebuilding Korea Party stated, "The court officials were very forthcoming in showing us various places, and we had a candid conversation with them about how much budget would be required if the number of justices is increased and how the National Assembly can assist."
Minister of National Court Administration Cheon Dae-yeop observing the situation at the Legislation and Judiciary Committee. Yonhap News.
The People Power Party declared the audit to be in shambles once the Democratic Party members left the venue for the inspection and returned to the National Assembly.
Among the PPP lawmakers, intense expressions were exchanged, including terms such as "intimidation of the judiciary," "illegal occupation of the Supreme Court," "raid on the Supreme Court," and "parliamentary dictatorship/legislative coup."
Rep. Na Kyung-won protested, stating, "Despite our request to stop the inspection on the grounds that today’s action was illegal, the Democratic Party unilaterally forced it through. In short, they stomped through the main and small courtrooms while pressuring the court. I view this as no different from occupying the court."
Rep. Shin Dong-wook stated, "It was a clear 'attempt to illegally occupy' the Supreme Court," adding, "Following the incident last Monday where they effectively held Chief Justice Cho Hee-dae captive to force questions and answers during his greeting, I express my grave concern over their visit today to oppress the Supreme Court under the guise of an illegal on-site inspection."
The audit resumed at 4:30 PM after the Democratic Party lawmakers returned from the inspection, but it remained a "half-baked audit" as all PPP members refused to participate.
Democratic Party Rep. Lee Sung-yoon demanded that Minister Cheon submit logs related to President Lee’s election law case, stating, "We are not asking about the content of the trial, but simply to be informed of which pages were clicked to verify whether the judges actually read the records."
Minister Cheon repeatedly stated that it would be difficult to submit such data, explaining, "Accessing specific pages to review a case is part of the process of forming a conviction and, ultimately, the deliberation process."
Rep. Seo Young-kyo of the Democratic Party questioned the circumstances, asking, "Shouldn't such an important case be read on paper?" and inquired why the Supreme Court justices had unusually and quickly reviewed the case via scanned digital copies as soon as it was filed.
Show of hands vote on the 'demand for Supreme Court en banc documents' at the Legislation and Judiciary Committee audit. Yonhap News.
In response to Rep. Kim Ki-pyo’s question—which suggested he doubted whether the justices had conscientiously reviewed the records—Jo Byung-gu, head of the Judicial Support Office, replied, "I understand that it is a point that can be raised," while also noting, "There is no appellate court anywhere in the world where justices review records from the first page to the last."
While the first and second trials are "fact-finding" proceedings that contest the facts of a case, the third trial is a "legal proceeding" that addresses legal issues. In other words, lower courts judge whether an act or fact exists, whereas the Supreme Court makes value judgments regarding the legal significance of such acts or facts through legal interpretation and application.
Chief Justice Cho appeared at the audit hall around 8:30 PM, just before the conclusion, to deliver closing remarks. He had previously given opening remarks at the start of the audit on the 13th. Typically, the Chief Justice makes an appearance at both the start and end of the audit.
Chief Justice Cho stated, "I have listened earnestly and carefully to the remarks made by the members today. I will carefully examine the public's expectations and demands, improve upon any shortcomings, and do my utmost to fulfill our inherent mission."
In response to Rep. Park Jie-won’s demand to "try it right now," Chief Justice Cho repeatedly replied, "Please understand that it is difficult for me to comment as it concerns a matter under trial." He did not respond to subsequent questions, such as "Why was the judgment made so quickly?" He left the hall at 9:00 PM, thirty minutes later, after listening to further statements from Democratic Party lawmakers.
Meanwhile, Reps. Kim Ki-pyo and Kim Yong-min stated their position that an additional parliamentary audit is necessary as the on-site audit had not sufficiently addressed their questions. To this, Chairwoman Choo remarked, "I sympathize and will discuss it further," hinting at the possibility of a third Supreme Court audit.
Yonhap News
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