Grand Bench Holds First Hearing in 3 Months Under 'Acting Chief Justice' System

A Total of 9 Cases Referred to the Full Bench... Uncertain Rulings This Year Due to Prolonged 'Chief Justice Vacancy'
Fastest 'Full Bench Ruling' Expected by April Next Year if Candidate Cho Hee-dae is Appointed as Chief Justice

The Supreme Court en banc (full bench) will hold its first hearing under the acting Chief Justice system on the 23rd. This comes about three months after the en banc hearings were suspended following the retirement of former Chief Justice Kim Myeong-su.

The Supreme Court Grand Bench delivering a verdict.

On this day, the en banc will conduct hearings on two newly referred cases and one case that was already under discussion, presided over by Acting Chief Justice Ahn Cheol-sang. The en banc normally consists of a total of 13 members, including the Chief Justice and 12 other justices, with the Chief Justice serving as the presiding judge who oversees the hearings and decides the schedule for rulings.

Cases referred to the en banc are generally those deemed important by the Chief Justice or justices, such as those requiring discussion on whether to change Supreme Court precedents. As of this date, there are a total of nine cases referred to the en banc.

The en banc is composed of an odd number of 13 members to avoid a tie vote. Although the en banc hearing presided over by Acting Chief Justice Ahn will be held due to the prolonged vacancy of the Chief Justice position, it is uncertain whether rulings will be issued by the en banc this year.

Of course, Acting Chief Justice Ahn could proceed with en banc rulings next month. According to the Court Organization Act, a decision can be made if at least two-thirds of the justices are present. However, since changing precedents in sensitive cases during the Chief Justice vacancy would place a heavy burden on Acting Chief Justice Ahn, the likelihood of rulings being issued is low.

Earlier, as signs of a prolonged vacancy in the Chief Justice position emerged, Acting Chief Justice Ahn held a justices' meeting on the 16th of last month. At this meeting, the justices agreed that the selection of cases for en banc hearings and decisions on rulings would be determined by the acting Chief Justice, considering the urgency and necessity of the cases. At that time, the justices judged that in the case of the en banc, "to guarantee the people's right to a faithful trial and with reference to precedents, the acting Chief Justice may exercise the Chief Justice's authority as presiding judge to conduct hearings."

As the Chief Justice vacancy continues, it is expected that en banc rulings will not be made until April next year. Acting Chief Justice Ahn and Justice Min Yoo-sook will retire on January 1st next year, and since the Chief Justice position remains vacant, the process of appointing successor justices cannot proceed. Acting Chief Justice Ahn has decided not to carry out preliminary procedures for recommending appointments of justices.

To recommend the appointment of justices, the Chief Justice must form a Judicial Nomination Committee. After the committee reviews candidates and recommends at least three candidates, the Chief Justice selects two and recommends them to the President for appointment. This process typically takes about three months. Even after the President appoints new justices, it takes additional time for them to review and hear en banc cases, so en banc rulings may be difficult until the first half of next year.

A presiding judge at the Seoul Central District Court said, "While en banc rulings cannot be made, new cases will continue to be referred to the en banc. If normal trials cannot proceed due to the incomplete composition of the Supreme Court, the accumulated harm from delayed cases will ultimately fall on the public."

Meanwhile, the National Assembly's Special Committee on the Chief Justice Confirmation Hearing will hold a plenary meeting on the 28th to adopt the hearing plan for Chief Justice nominee Cho Hee-dae, as well as to request documents and select witnesses. The confirmation hearings for nominee Cho will be held over two days on the 5th and 6th of next month.

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