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(LEAD) Chief justice says difficult to newly recommend Supreme Court justice due to lack of grounds

SEOUL, Oct. 6 (Yonhap) -- Supreme Court Chief Justice Cho Hee-dae said Tuesday i...

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Supreme Court Chief Justice Cho Hee-dae speaks during a parliamentary audit of the top court at the National Assembly in western Seoul on Oct. 6, 2026. (Yonhap)
Supreme Court Chief Justice Cho Hee-dae speaks during a parliamentary audit of the top court at the National Assembly in western Seoul on Oct. 6, 2026. (Yonhap)

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(ATTN: ADDS chief justice's comments in paras 10-11)

SEOUL, Oct. 6 (Yonhap) -- Supreme Court Chief Justice Cho Hee-dae said Tuesday it is difficult to comply with the presidential office's request to newly recommend a court justice due to the lack of grounds to do so.

Cho reaffirmed his position over the request during a parliamentary audit of the top court following his refusal last month to recommend a new justice candidate as requested by Cheong Wa Dae.

"As Cheong Wa Dae's document requesting the new recommendation did not explicitly outline the specific reasons and constitutional grounds, it was determined difficult to proceed with follow-up procedures," Cho said.

Cho said he felt apologetic to the public over the prolonged vacancy, vowing efforts to resolve the issue.

Supreme Court Chief Justice Cho Hee-dae speaks during a parliamentary audit of the top court at the National Assembly in western Seoul on Oct. 6, 2026. (Yonhap)

Cheong Wa Dae asked Cho to recommend a new candidate to President Lee Jae Myung in August after taking issue with his recommendation, citing a lack of "procedural completeness."

Cho has rejected the request, asking for specific reasons and the constitutional grounds to do so.

Under the Constitution, Supreme Court justices are appointed by the president on the recommendation of the chief justice and with the consent of the National Assembly.

During the audit session, Cho declined to take an oath as a witness, citing the principle of separation of powers among the legislative, executive and judicial branches.

"Just as the chief justice cannot interfere in the National Assembly's consent process or the process of the president's appointment, the Assembly or the president cannot interfere in the chief justice's recommendation," Cho said, calling such involvement "unconstitutional."

He also pointed out that there are no constitutional grounds requiring the chief justice to consult with the president over the recommendation of the Supreme Court justices, saying such consultations have only been a practice that chief justices have followed voluntarily.

The ruling Democratic Party has demanded that Cho attend this year's session as a witness. Supreme Court chief justices have customarily left audit sessions after opening remarks at the approval of the head of the parliamentary judiciary committee.

yunhwanchae@yna.co.kr (END)

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