'Supreme Court Justice Nominee' Kim Sungsoo: "The President Must Also Receive a Fair Trial According to the Constitution and the Law"

Supreme Court Justice nominee Kim Sungsoo stated, “Even if the defendant is the president or a leading politician, they must receive a fair trial in accordance with the procedures and standards stipulated by the Constitution and the law, just like any other citizen.”

Yonhap News Agency

On September 11, in a written response to Assemblyman Joo Jinwoo of the People Power Party, a member of the National Assembly's Special Committee on Supreme Court Justice Confirmation Hearings, Kim replied as above to the question, “Do you believe that the same trial procedures and standards should apply to the president or prominent politicians as to ordinary citizens?”

Kim added, “For the president, there are separate provisions that take into account the constitutional status and particularity of the office, such as Article 84 of the Constitution. In such cases, the judgment should be made pursuant to the Constitution.”

In response to the question, “Do you believe that a criminal trial initiated before the president takes office should continue during their term?” he answered, “This is a matter that requires legal interpretation regarding the meaning and scope of the term ‘prosecution’ in Article 84 of the Constitution.” He continued, “However, since this issue is directly related to specific ongoing cases in court, the matter should be judged by the panel in charge of those cases through constitutional interpretation.”

Regarding whether it is constitutionally permissible for the law to stipulate the suspension of ongoing criminal trials during the president’s term, Kim replied, “The issue depends on how the meaning of ‘prosecution’ is interpreted under the Constitution.” However, he requested understanding, stating, “Since this matter could relate to ongoing cases in court, it would not be appropriate for me as a Supreme Court Justice nominee to give a specific opinion.”

He gave a similar answer when asked whether he thinks it is the principle to resume criminal trials suspended due to the president's inauguration immediately upon the end of the president's term.

When asked if the court may adjust the timing of sentencing or speed of proceedings in certain criminal cases, citing significant political or social implications, Kim replied, “The timing of hearings and verdicts should be determined according to the content of the case and the progress of the trial, not advanced or delayed based on political or social impact.”

Regarding the proposal to increase the number of Supreme Court justices from the current 14 to 26, Kim said, “I respect the intent to alleviate the excessive caseload and to more fully guarantee the people's right to trial.” However, he also noted, “There should also be measures to reinforce the trial capacity at lower courts, to prevent any weakening of fact-finding competency due to the decrease in judges handling fact-finding.”

Additionally, he emphasized, “For the increase in the number of Supreme Court justices to lead to meaningful improvements in judicial services, it is necessary to form new panels and deliberation methods suitable for the expanded bench, and to hire additional staff such as law clerks to support the Court’s trial capacity.”

While expressing understanding of the legislative intent behind the establishment of a new crime for ‘distortion of law,’ Kim said, “It is essential to recognize that a judge’s recognition of facts and interpretation and application of the law to specific cases are fundamental aspects of the judicial process, and judicial independence is sufficiently protected by the Constitution. If the crime of law distortion is applied too broadly to legitimate legal interpretations or judgments, it could inhibit judges’ independent decision-making. This risk should be carefully considered.”

Regarding the abolition of prosecutorial investigative authority, Kim stated, “Careful preparation is necessary to ensure that there are no gaps in speedy case handling, accountability between investigative agencies, securing sufficient evidence to maintain prosecution, and protection of victims.”

In response to allegations that he lived in an apartment owned by his brother-in-law in Dogok-dong, Gangnam-gu, Seoul, paying below-market rental rates and not paying the agreed monthly rent of 800,000 won, Kim explained, “I paid the rent from June 2021 to November 2023, but due to circumstances was unable to pay thereafter. However, I have recently paid all outstanding amounts.”

This content was produced with the assistance of AI translation services.