Presidential office rejects one Supreme Court nominee, asks chief justice for new recommendation

SEOUL, Aug. 28 (Yonhap) -- The presidential office has decided not to nominate one of two Supreme Court justice candidates recommended by the chief justice and asked the head of the top court to make a fresh recommendation, the office said Friday.

Presidential spokesperson Kang Yu-jung announced the decision days after a presidential official accused Supreme Court Chief Justice Cho Hee-dae of infringing on the president's authority by departing from the customary practice of recommending justice candidates following prior consultations.

Earlier in August, Cho recommended two sitting regional court judges for appointment as new Supreme Court justices by the president.

Kang said Cho's recommendation of one of them lacked "procedural completeness" and that Cheong Wa Dae has asked him to make a new recommendation instead of referring the candidate to the National Assembly for approval.

Regarding the other recommended justice candidate, Kang said the office will refer his nomination to the National Assembly later in the day for approval, citing general agreement reached on his nomination.

Chief Justice Cho made his recommendations in writing, without following the customary practice of making recommendations to the president in person after prior consultation on the nominees.

A Cheong Wa Dae official earlier accused the chief justice of infringing on the president's authority, but many have argued that the long-held tradition of the so-called prior consultations may have unconstitutionally required the chief justice to acquire a prior nod for his or her recommendations, which they say may have also undermined the spirit of the separation of powers.

"The customary practice of prior consultations was a tool to prevent the Supreme Court from being formed based on the unilateral intentions of either the person with the power to make appointments or the person who makes recommendations," Kang argued.

"It is a pity that (Cho) undermined the foundation of judicial independence for himself," she added.

The spokesperson also defended the presidential office's request for a new recommendation as part of its efforts to uphold the president's right to make appropriate appointments.

Cho apologized for causing public concern over the issue and said he would announce his official position next week.

"First of all, I am sorry for causing concern among the public," Cho told reporters. "I will make an official announcement once the matter is sorted out next week."

The main opposition People Power Party (PPP) has accused the ruling bloc of trying to nullify the chief justice's authority and legal rights to recommend justice nominees, with party leader Rep. Jang Dong-hyeok stressing that such authority represented a key safeguard of judicial independence.

Some PPP lawmakers have argued that President Lee Jae Myung may be seeking to appoint justices who are favorable to him, as he could face trials after leaving office.