Home > Opinion > Editorials

Prolonged Supreme Court vacancy puts burden on the public

Published: 06 May. 2026, 00:00

The Supreme Court building in Seocho District, southern Seoul [YONHAP]

A prolonged vacancy in Korea’s Supreme Court is raising concerns, as disagreements between the presidential office and the judiciary have delayed the appointment of a successor to a retiring justice. The situation has persisted for months despite a recent revision to the Court Organization Act, which aims to add 12 more Supreme Court justices, making the continued delay difficult to justify.

In January, the Supreme Court justice recommendation committee nominated four candidates to succeed Justice Roh Tae-ak, whose term ended on March 3. Chief Justice Jo Hee-de indicated his preference for Park Sun-young, a Seoul High Court judge known as an expert in labor law. The presidential office, however, favored Kim Min-ki, also a Seoul High Court judge and a member of the progressive legal group “Uri Law Research Society” (translated). The two sides failed to reach a compromise.

During the standoff, Jo sought to appoint Justice Cheon Dae-yeop as head of the National Election Commission, a role held by Roh, in February. The move collapsed under political opposition. As a result, Roh, who retired in March, has been asked to remain as the commission chair until the June 3 local elections. The irregular arrangement has drawn criticism, and concerns have been heightened by recent controversies during his tenure, including issues related to early voting management and allegations of preferential hiring involving relatives of senior officials.

The rift between the presidential office and the Supreme Court dates back to May last year. Tensions escalated when Jo presided over a case involving then-Democratic Party presidential candidate Lee Jae Myung and returned it to a lower court with a ruling that effectively supported a guilty verdict under the election law. On the first day of enforcement of the Democratic Party-led “judicial reform package” in March, Jo was reported to prosecutors on charges related to alleged judicial distortion.

If the vacancy remains, the impact will fall on the public. Both sides need to step back and seek a compromise. Even if a nominee is proposed now, the process — including submission of the appointment motion to the National Assembly, a confirmation hearing, a plenary vote and final presidential approval — is expected to take one to two months.

Further delays could compound the problem. The selection process for a successor to Justice Lee Heung-gu, who is set to retire in September, must begin as early as May. Each justice handles roughly 400 cases per month. Operating with two vacant seats for an extended period risks undermining the court’s ability to function effectively.

The presidential office and the judiciary must present a clear solution without delay. Continued inaction would only deepen public frustration and erode confidence in the justice system.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.