The Democratic Party of Korea has formally moved to impeach Chief Justice Jo Hee-de, who is at odds with the presidential office over the selection of a new Supreme Court justice. Kim Min-seok, the party's leader, said on the 16th that "because there are already wide-ranging calls for his impeachment, we have begun discussing every method and avenue available." Jo had earlier submitted a written recommendation naming Son Bong-gi, a senior judge at the Daegu District Court, from among four candidates proposed to succeed former Supreme Court Justice Noh Tae-ak. The presidential office then said the process lacked procedural completeness and asked him to submit a new recommendation from the same pool of candidates. When Jo refused, the ruling bloc went as far as to raise the idea of impeachment.
The ruling bloc argues that Jo has denied the president's power of appointment. Yet the Constitution places none of the three powers — the chief justice's power to recommend Supreme Court justice candidates, the National Assembly's power of consent and the president's power of appointment — above the others. Even so, the presidential office demanded a new recommendation without presenting any legitimate grounds, such as questions about the candidate's qualifications or any disqualifying factors, citing instead the absence of prior consultation, which is merely a customary practice. If the party pushes ahead with impeaching the chief justice despite strong public criticism that this damages the separation of powers, it should be prepared for a nationwide backlash.
The ruling party also says it will swiftly push through legislation for a special counsel to investigate what it calls fabricated indictments. The Democratic Party had introduced the bill on the grounds that prosecutors manipulated their investigations into cases involving President Lee Jae-myung, including allegations of corruption in the Wirye and Daejang-dong development projects. Yet the Justice Ministry's committee on respecting human rights in the prosecution service recently received a report from a fact-finding team that found no illegality in the investigation and indictment process in the Wirye new town development corruption case. Introducing a special counsel under these circumstances makes no sense.
The public is left frustrated as to why the ruling bloc is shaking the judiciary rather than heeding the warnings from public sentiment shown in various opinion polls. The Democratic Party already faces suspicions of trying to take control of the judiciary through steps such as introducing a system allowing constitutional appeals against court rulings and forcing through an increase in the number of Supreme Court justices from 14 to 26. If it goes further and pushes through both the impeachment of the chief justice and a special counsel on alleged fabricated indictments, its approval rating will clearly sink even lower. The ruling bloc should not squander the power entrusted to it by the people on dividing public opinion, and should instead devote itself to urgent issues such as the economy, people's livelihoods and national security. The dispute over recommending a Supreme Court justice is best resolved through the procedures set out in the Constitution and the law.