Chief Justice Cho Hee-dae: "It Is Difficult to Accept the Claim of a Procedural Defect in the Recommendation" (First Report)

[Financial News] Chief Justice Cho Hee-dae said it was difficult to accept, in light of the Constitution and the law, Cheong Wa Dae's claim that the written recommendation contained a procedural defect. He issued the additional statement a day after rejecting the request for a renewed recommendation.
The Supreme Court of Korea conveyed Chief Justice Cho's position to the media on the morning of the 23rd. Chief Justice Cho said, "I am providing an explanation because various interpretations have been offered and there have been requests for a clearer explanation." He added, "In relation to the request for a renewed recommendation, the stated reason that a 'procedural defect in the recommendation process' exists, as reported through the media and other channels, is difficult to accept when examined in light of the provisions of the Constitution and the law."
He said, "The official letter dated Aug. 28, 2026, does not clearly state the reason for the request for a renewed recommendation." He added, "The letter must present clear grounds and reasons on its face so that its validity is not disputed and the procedures prescribed by the Constitution and the law can proceed."
Regarding Article 82 of the Constitution of the Republic of Korea, which he cited when issuing his statement on the morning of the 22nd, he clarified, "It is a general principle stating that the president's acts of state under the law must be carried out in the form of formal documents and interpreted solely on the basis of those documents; it does not mean that the official letter dated Aug. 28 contains a formal defect." The previous day, when rejecting the request for a renewed recommendation, Chief Justice Cho cited Article 82, which states, "The president's acts of state under the law shall be performed in documents countersigned by the prime minister and the relevant state council members." Cheong Wa Dae responded by saying that his statement distorted the facts.
Chief Justice Cho asked for understanding over the delay in issuing his statement, citing his father's death and preparations for an international event. He then said, "I sincerely regret the inconvenience caused to the public by the prolonged vacancy on the Supreme Court, and I will do my utmost to ensure that the process is completed swiftly."
On the 18th of last month, Chief Justice Cho submitted a written recommendation for the appointment of Judge Son Bong-gi of the Daegu District Court as the successor to former Supreme Court justice Rho Tae-ak. Ten days later, Cheong Wa Dae requested a renewed recommendation instead of submitting the appointment-consent motion to the National Assembly of the Republic of Korea, saying that the written recommendation had been made without substantive consultations between the president and the chief justice. Chief Justice Cho rejected the request on the 22nd, 25 days later. 
[email protected] Kim Dong-gyu Reporter