Recognizing Deep Responsibility for Public Inconvenience Due to Prolonged Vacancy of Supreme Court Justices
On the Resubmission Request: "No Specific Reasons or Constitutional Grounds Provided"
On National Assembly’s Request for Testimony: "Conc

Chief Justice Choi Hee-dae is delivering an opening remark at the National Assembly's audit of the Supreme Court held on the 6th. 2026.10.06 Photo by Dongjoo Yoon

Chief Justice Choi Hee-dae is delivering an opening remark at the National Assembly's audit of the Supreme Court held on the 6th. 2026.10.06 Photo by Dongjoo Yoon

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Chief Justice Choi Hee-dae stated regarding the ongoing vacancy of Supreme Court Justices, "I received an official document from the Presidential Office asking me to re-nominate a candidate for the Supreme Court Justice, but since there was no specific reason or constitutional basis provided, it was difficult to proceed with further steps."


On October 6, during his opening remarks at the National Assembly’s Legislation and Judiciary Committee audit, Chief Justice Choi explained, "After thoroughly reviewing the qualities and capabilities of the candidates recommended by the Supreme Court Justice Candidate Recommendation Committee, I submitted the nomination for appointment. However, I later received an official document from the Presidential Office (again) requesting a re-nomination." He added, "The document did not clearly specify the reasons for requesting that a different candidate be nominated instead of proceeding with the appointment procedure for the already-nominated candidate, and it was difficult to discern the intent from the content alone."


Chief Justice Choi emphasized the reason he did not comply with the Presidential Office’s request, saying, "It was based on the principle that the Chief Justice’s authority to nominate, the National Assembly’s right to consent, and the President’s appointment power should each be respected in accordance with their constitutional meaning." He further stated, "These circumstances made it difficult to proceed with the subsequent procedures." He also made clear his refusal to testify before the National Assembly regarding the nomination of Supreme Court Justices, citing, "Requesting testimony about the Chief Justice’s nomination of Supreme Court Justices could undermine the principles of the separation of powers and judicial independence, so I have no choice but to decline."


However, Chief Justice Choi expressed his regret, saying, "I am sorry for the inconvenience caused to the people due to the prolonged vacancy of Supreme Court Justices." He also added, "While upholding constitutional principles, it is also my duty to provide the necessary explanations to the public and the National Assembly, which is why I am sharing these details. Going forward, I will do my utmost to ensure that the Supreme Court is promptly and fully staffed in accordance with the principles set forth by the Constitution and the law."



The vacancy of Supreme Court Justices has continued for over 200 days. Previously, ahead of the retirement of former Justice Noh Tae-ak, the Supreme Court Justice Candidate Recommendation Committee, established for the occasion, recommended four individuals in January of this year: Kim Min-ki, Park Sun-young, and Yoon Sung-sik, all senior judges at the Seoul High Court, and Son Bong-gi, senior judge at the Daegu District Court. However, the Presidential Office requested a re-nomination. Following this, Chief Justice Choi refused to accept the Presidential Office’s request, resulting in a direct standoff.


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