The Democratic Party of Korea criticized Chief Justice Cho Heedai of the Supreme Court on October 4 for conveying his intention not to comply with the National Assembly Legislation and Judiciary Committee’s request to appear as a witness during the ongoing national audit. The party called this behavior a rejection of legislative oversight and verification by the parliament.


Seo Youngkyo, chairperson of the Legislation and Judiciary Committee, held a press conference at the National Assembly that day, stating, “Chief Justice Cho submitted a written response to the request for his appearance ahead of the Supreme Court’s national audit scheduled for October 6,” and added, “He has told us that it will be difficult for him to attend and answer questions as a witness.”

Seo Young-kyo, a member of the Democratic Party and chairperson of the National Assembly's Legislation and Judiciary Committee, held a press conference on the 4th at the National Assembly urging Supreme Court Chief Justice Cho Hee-dae to appear as a 'witness' at the Judiciary Committee's National Assembly inspection. Photo by Yonhap News

Seo Young-kyo, a member of the Democratic Party and chairperson of the National Assembly's Legislation and Judiciary Committee, held a press conference on the 4th at the National Assembly urging Supreme Court Chief Justice Cho Hee-dae to appear as a 'witness' at the Judiciary Committee's National Assembly inspection. Photo by Yonhap News

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Seo pointed out, “Whenever the National Assembly asks for explanations on current judicial issues, Chief Justice Cho repeatedly refuses to appear, citing judicial independence. Persistently rejecting the National Assembly’s requests amounts to a denial of parliamentary oversight and verification.”


She further emphasized that Chief Justice Cho’s refusal to attend constitutes a violation of the National Assembly Act: “The committee’s decision to request Chief Justice Cho’s appearance is made pursuant to Article 129 of the National Assembly Act, and according to Article 2 of the Act on Testimony and Appraisal before the National Assembly, he is obligated to attend.”


Seo also stated, “Chief Justice Cho is not above the law, and judicial independence is not a shield to permit silence on unconstitutional acts,” urging him, “Sit at the witness stand and answer directly to the public.”


Spokesperson Lee Yongwoo also called for action at a National Assembly briefing that day, saying, “If Chief Justice Cho Heedai, who acts as a monarch ignoring even the people, the President, and the National Assembly, refuses to attend the national audit, he should resign.”


He added, “Article 2 of the Act on Testimony and Appraisal before the National Assembly stipulates that when summoned to testify, anyone must comply regardless of other laws. Chief Justice Cho’s request for an exception represents a sense of privilege and monarchical behavior.”


It was reported that in his written response submitted to Chairperson Seo, Chief Justice Cho stated, “I am obliged to adhere to the Constitution and laws, and considering the possibility of ongoing investigations, it would be difficult to attend and answer as a witness.”



He is also said to have argued, “If the National Assembly requires testimony regarding the Supreme Court Chief Justice’s constitutionally independent nominating authority, it contravenes the intent of the separation of powers and judicial independence as reflected in Article 104, Paragraph 2 of the Constitution of the Republic of Korea.”


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