2023-09-25 18:30:24
12 Supreme Court Justices hold emergency meeting to discuss countermeasures
In order to minimize inconveniences such as trial delays, Ahn Cheol-sang will retire in January next year… In preparation for the vacuum, judicial personnel events in February next year are also attracting attention. There is a tendency for internal parties to vote on appointments through compromise between the ruling and opposition parties.
Lee Gyun-yong (61, 16th class of the Judicial Research and Training Institute) As the National Assembly’s approval process for the Supreme Court Chief Justice candidate became unclear, the Supreme Court switched to the ‘Acting Chief Justice system’ on the 25th for the first time in 30 years.
Senior Supreme Court Justice Ahn Cheol-sang (66th, 15th term) served as acting Chief Justice of the Supreme Court. This system is the first since 1993, when former Chief Justice Kim Deok-ju resigned due to real estate speculation, Justice Choi Jae-ho took over as acting authority for two weeks.
The 12 Justices of the Supreme Court, including Acting Justice Ahn, discussed the scope of the Chief Justice’s authority as defined by the Constitution and laws, including the Chief Justice’s right to recommend the appointment of Supreme Court Justices and the authority of the Chief Justice of the Supreme Court en banc, through an extraordinary meeting of Supreme Court Justices.
A Supreme Court official said, “We decided to further discuss the specific scope of acting authority while observing the future trend of the vacuum situation for the head of the judiciary,” adding, “There were concerns that the longer the vacuum situation, the more difficulties may arise in the exercise of authority by the acting Chief Justice of the Supreme Court.” “He explained.
In addition, the Supreme Court justices agreed that the appointment process for the successor Chief Justice of the Supreme Court needs to proceed as quickly as possible to minimize public inconveniences such as trial delays.
Since the plenary body, which is a body of more than two-thirds of the Supreme Court justices, deals with decisions of unconstitutionality or illegality of orders and rules, changes to previous Supreme Court precedents, and cases that are not suitable for trial in the division, it is necessary to determine whether an acting judge can exercise his authority as a presiding judge. This can act as a problem.
In general, acting authority is considered to have only temporary authority to maintain the status quo as it temporarily assumes authority when a person in a specific position is unable to perform his or her duties due to a vacancy or unavoidable reason. Therefore, some say that en banc rulings on sensitive issues such as changes in precedents should be postponed until the appointment of a new Supreme Court Chief Justice.
In particular, the prevailing opinion is that the acting president cannot exercise the right to recommend Supreme Court justices, which is the constitutional authority of the Chief Justice. As Acting Justice Ahn and Justice Min Yu-sook are set to retire in January next year, the process to nominate a successor should begin next month at the latest. Attention is also paid to the regular personnel appointments of judges across the country and the exercise of authority to appoint judges in February next year.
There is a strong tendency within the court to hope that following the Chuseok holiday, the ruling and opposition parties will reach a political compromise and vote on the appointment of this candidate early next month. If the ruling and opposition parties continue their strong-arm structure, the vacuum at the head of the judiciary may continue until the end of the year.
Reporter Kang Yoon-hyuk
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