Chief Justice Jo Hee-de delivers closing remarks at the closing ceremony of the 20th Conference of Chief Justices of Asia and the Pacific at the Grand Hyatt Seoul in Yongsan District, central Seoul, on Sept. 18.YONHAP
Chang Se-jeong
The author is an editorial writer at the JoongAng Ilbo.
Supreme Court justices in Korea must retire at 70, while U.S. Supreme Court justices serve for life. Ruth Bader Ginsburg, the second woman to serve on the U.S. Supreme Court, died in 2020 at 87 after 27 years on the bench.
During a 2015 visit to Korea at the Supreme Court’s invitation, Ginsburg explained why judicial independence was possible in the United States. She cited the Constitution’s protection of judges’ tenure and compensation, saying those guarantees underpin the independence of judges and the judiciary.
One judge who asked Ginsburg about judicial independence at that lecture was Kim Sung-soo, then a presiding judge at the Seoul Central District Court. Recommended by Chief Justice Jo Hee-de, Kim recently became the first Supreme Court justice appointed by President Lee Jae Myung after a National Assembly confirmation hearing.
Yet critics were disappointed that Kim did not clearly articulate his views on judicial independence during the hearing. His answers were vague on the Supreme Court’s decision to remand a case concerning possible election law violations by Lee with an order to revise the acquittal ruling, whether Lee’s trials should resume during his presidency and potential conflict between the chief justice’s power to recommend justices and the president’s appointment authority.
Jo has taken a markedly different approach. This month, he has repeatedly spoken publicly about judicial independence.
At the 12th Court Day ceremony on Sept. 11, Jo stressed that courts, as constitutionally independent institutions, must be free from improper interference or influence by other state institutions, political power, social forces or litigants, and must adjudicate neutrally and fairly according to the Constitution and law.
At the inaugural King Sejong Legal Culture Awards on Wednesday, he invoked the ruler's legal philosophy, saying laws and institutions should serve not merely as instruments of rule but to protect people’s lives.
At the opening of the 20th Conference of Chief Justices of Asia and the Pacific on Thursday, Jo said judicial independence “must be upheld no matter what challenges we face” so courts can safeguard democracy and the rule of law. At the closing ceremony the next day, he again stressed judicial independence, fairness, integrity and public trust.
Jo has endured intense attacks from figures aligned with the ruling camp. Some interpret the hostility as retaliation for the Supreme Court ruling he presided over in May of last year, ahead of the June 3 snap presidential election, which overturned Lee's acquittal.
First came accusations related to insurrection. Jo was twice reported to investigators for allegedly playing a key role in insurrection during the Dec. 3 martial law crisis because, despite heading the judiciary, he supposedly failed to challenge or stop the unconstitutional declaration. Special counsel Cho Eun-suk declined to indict him in December of last year, while a second comprehensive special counsel led by Kwon Chang-young dismissed another complaint in August.
Second came accusations invoking pro-Japanese imagery. Independent Rep. Choi Hyuck-jin, expelled from the Democratic Party, displayed at a National Assembly committee meeting in October of last year a composite image combining Jo’s face with a portrait of Toyotomi Hideyoshi, who launched the Japanese invasions of Korea in the 1590s. He mocked Jo by combining their names. Lawmakers from both parties criticized the stunt as excessive humiliation that degraded the Assembly.
Third is the threat of impeachment. Ruling party lawmakers have repeatedly raised impeachment when Jo’s decisions, including Supreme Court nominations, differed from the president’s preferences. The threat has not disappeared and could be revived whenever his words or actions displease those in power.
Born in 1957, Jo’s term ends June 5 of next year. Defending judicial independence against elected power is demanding. Yet his greater struggle may be with himself. Having declared the principle more clearly than perhaps any predecessor, he must now ensure that his actions match his words.
Jo has long been regarded inside and outside the judiciary as a scholarly judge faithful to legal principles and meticulous in managing those around him. Even under difficult circumstances, many citizens will likely hope that he can bear the weight now resting on his shoulders in the years ahead.
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.
