Yoon Appoints Lee Jong-seok as Constitutional Court Chief Justice Candidate... "Simultaneous Realization of Constitution and Human Rights Protection" (Comprehensive)

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President Yoon Suk-yeol on the 18th nominated Lee Jong-seok, a Constitutional Court justice and a classmate from Seoul National University Law School class of ’79, as the candidate for Chief Justice of the Constitutional Court.

President Yoon announced that he had designated Justice Lee as the successor to the current Chief Justice Yoo Nam-seok during a briefing at the Yongsan Presidential Office, according to Kim Dae-gi, Chief of Staff to the President.

Kim introduced the nominee, saying, "The nominee has served as a judge for 29 years and as a Constitutional Court justice for 5 years, and is a reputable legal professional with both competence and character. He has twice served as Senior Presiding Judge of the Seoul High Court, and has held positions such as Presiding Judge of the Seoul Central District Court and Senior Presiding Judge of the Suwon District Court, contributing to the realization of the rule of law at the forefront of the judiciary." He added, "In addition, he has proven his judicial administrative capabilities through roles such as Chief Judge of the Suwon District Court and Judicial Policy Officer at the Court Administration Office."

He continued, "For the past five years as a sitting Constitutional Court justice, he has taken the lead in upholding the constitutional order of the Republic of Korea based on clear convictions and extensive legal knowledge. I believe he will lead the Constitutional Court with a firm will to protect the constitution and a warm spirit of human rights protection, flawlessly performing the role of mediating and integrating complex interests," he added.

Lee Jong-seok, Nominee for Chief Justice of the Constitutional Court

Born in 1961 in Chilgok, Gyeongbuk, the nominee graduated from Gyeongbuk High School and Seoul National University Law School, passed the 25th Judicial Examination, and entered the legal profession. After being appointed as a judge in 1989, he served as a judge at the Incheon District Court, presiding judge at the Daejeon High Court, senior presiding judge of the Bankruptcy Division at the Seoul Central District Court, and senior presiding judge at the Seoul High Court. He then served as Chief Judge of the Suwon District Court and from February 2018 resumed his role as Senior Presiding Judge at the Seoul High Court.

Later, in October 2018, he was nominated as a Constitutional Court justice for a six-year term, recommended by the Liberty Korea Party (now the People Power Party). Justice Lee has been nicknamed a "principle and rule advocate" and "moral teacher" in the courts and is classified as conservative among the Constitutional Court justices. He presided over the impeachment case of Minister of the Interior and Safety Lee Sang-min, which was unanimously dismissed by all justices in July.

There is some speculation that controversy over the term of office may arise during the National Assembly confirmation hearing regarding nominee Yoo, who has about one year left in his term as a Constitutional Court justice. While the term for Constitutional Court justices is set at six years, the term for the Chief Justice of the Constitutional Court is not legally defined. Traditionally, the Chief Justice’s term has been linked to the remaining term of the justice appointed as Chief Justice, in accordance with Article 111, Paragraph 4 of the Constitution (The Chief Justice of the Constitutional Court shall be appointed by the President with the consent of the National Assembly from among the justices).

However, political and legal circles believe there is little chance of extreme confrontation between the ruling and opposition parties over this issue. Former Chief Justice Park Han-chul stated in 2016 regarding the controversy over the expiration of his term that the term of office refers to the "remaining term of the Constitutional Court justice," and his successor, former Chief Justice Lee Jin-sung, also served only the remaining term as Chief Justice. Park Jong-moon, Secretary General of the Constitutional Court, acknowledged during a National Assembly inspection by the Legislation and Judiciary Committee on the 16th that when asked by Democratic Party lawmaker Kim Ui-gyeom whether the nominee’s remaining term of 10 to 11 months would be sufficient based on precedent, he answered, "Yes."

In response to reporters’ concerns about the nominee’s short remaining term, a senior official at the Presidential Office said, "We have given this a lot of thought. However, it is not easy to find a suitable candidate now, and the National Assembly must also approve the nomination." He added, "Although the term is only about one year left, there have been such cases in the past."

Therefore, there is also speculation that President Yoon may extend Justice Lee’s term as a Constitutional Court justice to lengthen his tenure as Chief Justice. According to Article 112, Paragraph 1 of the Constitution and Article 7 of the Constitutional Court Act, reappointment of Constitutional Court justices is possible. Since the establishment of the Constitutional Court in 1988, there have been two cases of reappointment: former justices Kim Jin-woo and Kim Moon-hee. Regarding the possibility of Justice Lee’s reappointment after his term ends, the senior official refrained from commenting, saying, "Whether he will be reappointed after his term ends is something to consider at that time. It is a bit early to say now."

The opposition parties are already preparing for a rigorous scrutiny during the National Assembly confirmation hearing for the new Chief Justice nominee. Hong Ik-pyo, floor leader of the Democratic Party, criticized at the morning Supreme Council meeting, "The President and ruling party, who caused the Supreme Court Chief Justice vacancy by nominating an unqualified person as head of the judiciary, are wasting time on political strife and ideological rhetoric instead of sending a proper nominee. Meanwhile, critical reports about prominent figures related to the nomination of the new Chief Justice continue. Efforts must be made to find a nominee worthy of the judiciary’s dignity." Some in the opposition also suggest that the nominee was chosen because he is a classmate of President Yoon.

When asked by reporters whether the fact that President Yoon and the nominee are university classmates influenced the appointment, the President’s office responded, "They do not seem to be close, and it would be unfair to say the nominee was disadvantaged because they were classmates. We have considered the nominee’s historical sense of mission and believe he will lead the Constitutional Court well. Although less than a year remains in his term, we judged him suitable." Regarding the timing of the nomination of a new Supreme Court Chief Justice, the office added, "We are diligently searching for a new nominee and will seek the National Assembly’s consent as soon as possible."

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