Kim Sanghwan, Constitutional Court Chief Justice Nominee: "Jaepansowon System Requires Careful Consideration of Pros and Cons"

Kim Sanghwan, nominee for Chief Justice of the Constitutional Court, stated that it is necessary to carefully consider both the advantages and disadvantages of introducing the "jaepansowon" system, which the Democratic Party is currently pursuing.

Kim Sanghwan, nominee for Chief Justice of the Constitutional Court, is responding to lawmakers' questions at the confirmation hearing held at the National Assembly in Yeouido, Seoul, on the 21st. Photo by Yonhap News

At the confirmation hearing held at the National Assembly on the 21st, Kim responded to questions regarding the introduction of the jaepansowon system by saying, "In the legal field, this has been a controversial issue with a 37-year history, and I believe it is significant that the matter is finally being discussed."

The jaepansowon system would allow for constitutional complaints against court rulings, meaning that the Constitutional Court would be able to review court judgments. The Democratic Party is currently seeking to revise the Constitutional Court Act to permit such a system.

Regarding concerns that the jaepansowon system could in effect create a four-tier court system, Kim said, "Ultimately, this is an issue that must be evaluated by the public and the National Assembly." However, he also stated, "The potential negative aspects of effectively operating as a four-tier system must be considered alongside its advantages when making a decision."

On the Democratic Party's proposal to increase the number of Supreme Court justices, Kim expressed the view that improving both the quantity and quality of first-instance courts should be the priority. He said, "It is fundamentally necessary to expand both the number and quality of first-instance courts, which are the public's first point of contact, and I believe the court system should be designed with this pyramid structure in mind. The number of Supreme Court justices should also be determined through such discussions."

He added, "Even in the past, when Kim Myungsoo served as Chief Justice, the committee on appellate system reform recommended an increase of four justices, so I believe this is an issue that requires a more cautious approach."

Meanwhile, regarding the Supreme Court's decision to remand President Lee Jaemyung's violation of the Public Official Election Act case, Kim said, "Since I was not involved in the deliberation, it would not be appropriate for me to make a specific assessment."

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