Delay in Adoption of Oh Seok-jun Confirmation Report... Supreme Court Concerns Over 'Work Gap'

Retired Justice Kim Jae-hyung's 'Presiding Cases' Total 330 as of July... Trial Delays Inevitable
Possible Temporary Suspension of Full Bench... 'Mitsubishi Asset Sale' Verdict Also Delayed

[Asia Economy Reporter Heo Kyung-jun] As Justice Kim Jae-hyung of the Supreme Court is set to retire on the 4th, the delay in adopting the confirmation report for his successor, nominee Oh Seok-jun, is expected to lead to a judicial vacuum at the Supreme Court.

On the 2nd, voices of concern emerged within the judiciary that if the confirmation report for nominee Oh is delayed, a serious situation of trial delays could occur.

The Supreme Court's trial system consists of 12 justices, excluding the Chief Justice and the Court Administration Chief, divided into three panels of four justices each to hear cases. In each panel, one justice serves as the presiding judge and reaches conclusions through consensus with the other three justices.

When a justice retires, the Chief Justice can adjust the composition of panels and case assignments, but this administrative task can only be carried out once a new justice is appointed.

Ultimately, if nominee Oh's confirmation report is not adopted, all cases presided over by Justice Kim will have their hearings 'suspended.' As of July, Justice Kim was presiding over 330 cases.

A notable case handled by Justice Kim is the re-appeal concerning the special monetization (sale) order of patent rights by Japan's Mitsubishi Heavy Industries regarding forced labor victim Kim Seong-joo (93). This case involves the dispute over whether to sell two Mitsubishi patent rights set as collateral for Kim Seong-joo's claims, and the Supreme Court must decide on the finality of the Korean court's order to sell Mitsubishi's assets as compensation for forced labor victims during Japanese colonial rule.

In November 2018, the Supreme Court confirmed Mitsubishi's liability for damages to forced labor victims, but Mitsubishi did not pay compensation to the victims. Consequently, in 2019, the court decided on a compulsory seizure procedure for two trademarks and six patents held by Mitsubishi in Korea. Mitsubishi appealed the seizure order last year, but the appeal was dismissed, and the Supreme Court also rejected the re-appeal, affirming the legitimacy of the asset seizure.

The Daejeon District Court issued a sale order last September for patents and trademarks worth over 500 million won on behalf of grandmothers Kim Seong-joo and Yang Geum-deok. However, Mitsubishi again filed appeals and re-appeals, and the case returned to the Supreme Court this year.

Nominee Oh may take over the cases presided over by Justice Kim, but depending on the Chief Justice's administrative allocation, another justice could be assigned to the Mitsubishi case. However, if the case is reassigned and the presiding justice changes, it will inevitably take time for the new presiding justice to familiarize themselves with the case, causing trial delays.

If the confirmation report adoption is delayed, the judicial vacuum will not be limited to cases presided over by Justice Kim. The operation of the full bench, which includes 13 justices including the Chief Justice but excluding the Court Administration Chief, could also be disrupted. The full bench requires an odd number of justices to avoid tie votes, and if Justice Kim's seat remains vacant, the full bench will have an even number of justices, potentially preventing final decisions.

A court official stated, "The full bench can convene, but there may be cases where no conclusion is reached, and it is likely that proceedings will only continue after a new justice is appointed," adding, "The biggest concern is the delay in trials."

Meanwhile, at his retirement ceremony, Justice Kim emphasized, "It is not desirable to classify justices as conservative or progressive and confine them to one side," and added, "If judges become conscious of conservatism and progressivism, it could negatively affect their declaration of what law and justice are."

He also reflected on his six years as a justice, saying, "I still have faith in legal reason, and I only hope that the rulings I made were reasonable conclusions reached after reviewing various opinions to the best of my ability."

This content was produced with the assistance of AI translation services.