Seo Young-kyo "Swear as a witness at the National Inspection Office and answer"... Lee Yong-woo “Request for exception is a sense of imperial privilege”
Chief Justice Cho: “It goes against the purpose of separation of powers and judicial independence.”
(Seoul = Yonhap News) Reporters Kim Jeong-jin, Ahn Jung-hoon, and Jeong Yeon-sol = On the 4th, the Democratic Party of Korea announced that Supreme Court Chief Justice Cho Hee-dae had expressed his intention not to comply with the National Assembly Legislation and Judiciary Committee's request to appear as a witness for the government audit.
Rep. Seo Young-kyo, chairman of the Legislative and Judiciary Committee, held a press conference at the National Assembly that day and said, "Chief Justice Cho submitted a written opinion regarding the request for attendance ahead of the Supreme Court's government inspection on October 6. They say it is difficult for him to appear as a witness and give answers."
Rep. Seo criticized, “Every time the National Assembly asks for an explanation on pending issues in the judiciary, (Chief Justice Cho) repeatedly refuses to attend in the name of judicial independence,” adding, “Continuing to refuse requests to attend the National Assembly is a matter of denying the National Assembly’s checks and verification.”
Citing the fact that the Judiciary Committee requested Chief Justice Cho's attendance as an ordinary witness rather than an institutional witness, Chief Justice Cho argued that he is obligated to appear under the current National Assembly Testimony Appraisal Act and that "refusal to appear is a violation of the National Assembly Act."
At the same time, he said, "Chief Justice Cho is not a sanctuary, and the independence of the judiciary is not a shield that allows silence about unconstitutional acts," and urged Chief Justice Cho to "sit on the witness stand and answer directly to the people."
Spokesperson Lee Yong-woo also criticized at a National Assembly briefing that day, saying, "Chief Justice Cho Hee-dae, the king of the Republic of Korea who crushes the people, the president, and the National Assembly, if you do not want to appear in the National Assembly audit, resign."
Spokesperson Lee said, “Article 2 of the National Assembly Testimony Appraisal Act stipulates that anyone who is requested to appear as a witness must comply, despite other laws,” and added, “Chief Justice Cho’s request for an exception is a sense of privilege and imperial behavior.”
At the same time, he said, "Not appearing as a witness is a self-confession that there is something he wants to hide, and a declaration of war that he will use the National Assembly as a playground for Chief Justice Cho's personal false claims without taking an oath as a witness." He repeatedly pressured Chief Justice Cho to appear at the National Assembly audit on the 6th and explain himself to the public.
Chief Justice Cho reportedly stated in his opinion, "Considering that we have an obligation to comply with the Constitution and laws and that there is a possibility that investigation procedures may proceed, it is difficult for me to appear as a witness and provide answers."
He also reportedly argued, "Having the National Assembly testify about the Supreme Court Chief Justice's exercise of the right to recommend, which is an independent constitutional authority, runs counter to the purpose of separation of powers and judicial independence reflected in Article 104, Paragraph 2 of the Constitution of the Republic of Korea."
In addition, regarding the request for attendance at the National Assembly, it was reported that "not only does it go beyond the limits of the separation of powers in the audit of government affairs, but it also does not comply with the purpose of Article 121 of the National Assembly Act, which does not impose an obligation on the Chief Justice of the Supreme Court to attend and respond to the National Assembly."
