Supreme Court Chief Justice Nominee Cho Hee-dae's Confirmation Hearing Today... Issues Include 'Political Donations and Death Penalty'
Assemblyman Choi Jae-hyung's 'Donation' of 1 Million Won... Candidate Cho: "A Heart to Support a Longtime Friend"
"Cannot Ignore the Retributive Symbolism of the Death Penalty... Considering Life Imprisonment Without Parole"
With the vacancy in the position of Chief Justice of the Supreme Court continuing for about 70 days, a two-day parliamentary confirmation hearing for nominee Cho Hee-dae will be held starting on the 5th. During the hearing, questions are expected to pour in regarding Cho's donation of 1 million won to Rep. Choi Jae-hyung of the People Power Party and his statement that it is premature to abolish the death penalty.
Cho Hee-dae, nominee for Chief Justice of the Supreme Court, is answering reporters' questions as he arrives for his first day at the candidate hearing preparation office in Seocho-gu, Seoul on the 15th of last month. Photo by Heo Young-han younghan@
View original imageInside and outside the legal community, since there are no major issues or suspicions raised about Cho's wealth formation process or rulings, it is anticipated that the hearing will focus on judicial policy-related inquiries.
In a written response submitted to the National Assembly's Special Committee on Personnel Hearings, Cho answered Rep. Jeong Jeom-sik of the People Power Party's question, "Have you ever supported a politician?" by stating, "Around 2021, during my university and judicial training institute days, my longtime close friend Rep. Choi Jae-hyung participated in the party's presidential primary election, and I purely supported him with a one-time donation of 1 million won." He also stated that his spouse has never supported any politician.
Regarding the abolition of the death penalty, Cho responded to several committee members' questions by saying, "We cannot ignore the public's sense of justice or the symbolic retributive nature of the death penalty. According to recent polls, nearly 70% of the public favors maintaining the death penalty, so I believe it is still premature to abolish it at this stage."
He added, "After careful consideration from various perspectives, I think it is possible to consider abolishing the death penalty and introducing a life sentence without parole system. The abolition of the death penalty should be decided cautiously after gathering public opinion, on the premise that a life sentence system capable of replacing the death penalty is introduced."
Regarding the controversial face-to-face review system for search warrants on electronic information storage media during former Chief Justice Kim Myung-soo's tenure, Cho said, "Searches of electronic information storage media pose a high risk of seriously infringing on citizens' privacy, freedom of secrecy, and informational self-determination, so special regulation is necessary. There can be no debate that courts must properly control broad searches of electronic information. However, since confidentiality and promptness in investigations are also important values, it is necessary to thoroughly examine ways to operate the system without undermining these."
Cho stated that reviving the 'promotion system for high court chief judges,' which was abolished under Kim Myung-soo's court, requires social consensus, implying that its revival is practically difficult. He said, "Although there are criticisms that the abolition of the high court chief judge system has removed judges' motivation to work hard, the reasons for abolition included judicial bureaucratization and early resignation of judges who failed promotion. I fully agree on the need to create an environment where judges can work with pride and healthy motivation, and I will seek ways to enhance judges' responsibility and dedication while boosting their work enthusiasm."
Cho identified the most urgent and important task as addressing trial delays, stating, "I will focus my efforts on identifying the causes of trial delays and devising countermeasures." He added, "I will consider establishing long-term specialized courts, expanding the specialized judge system, specializing first-instance trials, and video trials."
He also expressed a negative stance on the plea bargaining system. Cho said, "I am aware of arguments that foreign plea bargaining systems, such as those in the U.S., should be introduced to efficiently allocate judicial resources and enhance trial proceedings. However, the plea bargaining system risks violating the constitutional right to a public trial and the principle of substantive truth, may induce false confessions in exchange for reduced sentences, weaken the right to remain silent, and could nullify ongoing efforts to improve criminal practice, which has traditionally relied heavily on confessions."
Regarding parliamentary impeachment motions against judges and prosecutors, he responded, "Indiscriminate impeachment discussions could weaken judicial independence and judges' independence, which may lead to a decline in public trust in the judiciary, so a cautious approach is necessary."
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To appoint the Chief Justice, after the confirmation hearing, a vote must be held in the National Assembly plenary session, requiring the attendance of a majority of members and the approval of a majority of those present.
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