Seo Young-kyo "Chief Justice Cho Hee-dae must appear as a witness for the National Assembly inspection"... Chief Justice Cho: “Against the independence of the judiciary”

Seo Young-kyo "Come before the people, take an oath as a witness, and answer truthfully."

Chief Justice Cho: “It goes against the purpose of separation of powers and judicial independence.”

(Seoul = Yonhap News) Reporter Kim Jeong-jin and Jeong Yeon-sol = On the 4th, the Democratic Party of Korea announced that 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 audit of state affairs.

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. It is difficult for him to appear as a witness and give an answer."

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."

In his opinion, Chief Justice Cho reportedly stated, "Considering that there is an obligation to comply with the Constitution and laws and that there is a possibility that investigation procedures may proceed, it is difficult for him 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."