Supreme Court Chief Justice Cho Hee-dae refused to testify at the National Assembly’s Legislation and Judiciary Committee audit on Oct. 13, saying it is rare for judges to be summoned to testify on judicial matters in a nation governed by the rule of law.
The Democratic Party blocked Cho from leaving for 90 minutes and continued questioning, an unprecedented move that triggered chaos. The ruling People Power Party condemned it as “interrogation by confinement,” turning the first parliamentary audit under President Lee Jae-myung into a shouting match.
The session opened with a clash between six-term Democratic Party lawmaker and committee chair Choo Mi-ae and Chief Justice Cho, who had appeared only to deliver a greeting. Choo criticized Cho, who had submitted a written statement declining to testify, for using convention to avoid responsibility in unfavorable circumstances.
Cho reiterated that judges are not called to testify on ongoing cases under a system with separation of powers. His remarks reflected the judiciary’s position that the Supreme Court cannot comment on the May 1 ruling in President Lee’s election law violation case, which the Democratic Party sought to question.
After Cho’s remarks, Choo blocked his departure and questioned him as a “reference witness,” breaking a long-standing parliamentary custom. Since South Korea’s democratization in 1987, Supreme Court chiefs have delivered only brief opening and closing remarks without facing questions. Choo also prevented Administrative Office of the Courts Chief Chun Dae-yeop from requesting Cho’s exit.
Independent lawmaker Choi Hyuk-jin accused Cho of being appointed to model South Korea’s Supreme Court after Japan’s, holding up a composite image of Cho and Toyotomi Hideyoshi. Democratic Party lawmaker Park Kyun-taek questioned Cho about an alleged “four-person meeting” before the election involving Cho and former Prime Minister Han Duck-soo. Park asked whether Cho had met Han and whether it was appropriate that the opposition candidate’s case was handled at a near-military pace.
Cho remained silent, declined to answer questions from ruling party lawmakers, and left during a recess.
People Power Party lawmakers accused the Democratic Party of pressuring the chief justice through confinement. When they approached the chair’s podium to protest Choo’s handling of the session, parliamentary security was called. The standoff continued for 90 minutes amid chaotic scenes.
Dong-Joo Cho djc@donga.com