On the 14th, a hearing for Chief Justice Cho Hee-dae will be held at the National Assembly. This marks a first in the constitutional history of the country.
According to the legal community and the National Assembly on the 11th, the National Assembly's Legislative and Judiciary Committee will conduct the 'Hearing for Investigation of Allegations of Interference in the Presidential Election by Chief Justice Cho Hee-dae and the Judiciary' at 10 a.m. on the 14th.
The Supreme Court overturned the second trial ruling which acquitted Lee Jae-myung, the presidential candidate from the Democratic Party of Korea, of allegations of violating the Public Official Election Act, and sent the case back to a High Court with a guilty intention.
The Democratic Party of Korea demanded the resignation of the Chief Justice, asserting that the Supreme Court intervened in the presidential election by making unusually swift deliberations and rulings, and decided to hold a hearing.
During a plenary session on the 7th, the National Assembly's Judiciary Committee voted to adopt the hearing implementation plan and to summon witnesses and informants, with members of the People Power Party exiting the session.
Chief Justice Cho and all 11 Justices involved in the ruling have been designated as witnesses. Judges including the Chief Justice's Chief and Senior Judicial Research Officers, the Chief of the Chief Justice's Secretariat, and the head of the Judicial Administration Office's Judicial Informatization Department are also included.
It has been reported that it has yet to be determined whether these individuals will actually appear as witnesses. Additionally, lawyer Seo Seok-ho, who is known to have a connection with former President Yoon Seok-yeol from college, as well as Lee Sung-min, Chairperson of the Court Officials Union, and professors Seo Bo-hak (Kyunghee University) and Lee Joon-il (Korea University), along with lawyer Jo Young-jun, who filed a related constitutional complaint, have also been designated as witnesses.
The likelihood of the Chief Justice and Justices actually appearing as witnesses at the hearing is considered low. The legal community analyzes that judges answering questions from outside the judiciary, such as from the National Assembly, regarding trials they have presided over could undermine the independence of the judiciary.
In fact, during the National Assembly's inspection and inquiry, typically only the head of the Judicial Administration Office (a Justice) and senior officials from the administration attend, while the Chief Justice and other Justices or Judicial Researchers do not.
There is also the issue that the trial for the candidate is currently ongoing. If the Justices attend the hearing and comment on the ruling, it could affect the ongoing retrial at the Seoul High Court.
For the same reason, the National Assembly Inspection and Investigation Act stipulates that inspections and investigations similar to hearings 'should not be conducted for the purpose of intervening in ongoing trials or investigations.'