Chief Justice of the Supreme Court of Korea explained

Post:Chief Justice
Body:the
Supreme Court of Korea
Native Name Lang:ko
Insignia:Emblem of Korean Courts.svg
Insigniasize:100px
Insigniacaption:Emblem of ordinary Courts of Korea
Flag:Flag of Korean Courts.svg
Flagcaption:Flag of ordinary Courts of Korea
Flagsize:125px
Incumbent:Cho Hee-dae
Incumbentsince:8 December 2023
Department:Supreme Court of Korea
Style:Mr Chief Justice

Your Honor
Status:Chief Justice
Member Of:Council of Supreme Court Justices
Residence:Daebeobwonjang Gonggwan
Seat:Seoul, South Korea
Appointer:President
Termlength:Six years, non renewable
Constituting Instrument:Constitution of South Korea
Website:Official english website
Inaugural:Kim Byung-ro

The chief justice of the Supreme Court of Korea is the chief justice of the Supreme Court of Korea. As presiding judge of the grand bench composed of two-thirds of fourteen Supreme Court justices, the chief represents the Supreme Court of Korea. The chief justice is regarded as one of two equivalent heads of judicial branch in Government of South Korea. Another head is the president of the Constitutional Court of Korea. The current chief justice of the Supreme Court of Korea is vacant and Supreme Court Justice Ahn Chul-sang is acting as the chief justice of the Supreme Court of Korea.[1]

Appointment and tenure

Under chapter 5, article 104(1) of Constitution,[2] and article 12(1) of Court Organization Act,[3] the chief justice is appointed by the president of South Korea with the consent of the National Assembly of South Korea.

While article 105(1) of Constitution sets term length of the chief justice as non-renewable single term of six-years, its mandatory age of retirement is delegated to sub-constitutional regulation by article 105(4) of Constitution. Currently, the chief justice's mandatory age of retirement is 70 by article 45(4) of Court Organization Act.

Powers and duties

As head member of the Supreme Court of Korea, the chief justice's formal main role is participating in decision of the Court as one of Supreme Court Justices. However, since most of cases in the Court are handled by three different panels or 'petty benches'(Korean: 소부) each of consisting four Supreme Court justices except the chief justice, the chief cannot participate in ruling of daily cases. Rather, the chief justice only participates in 'crand bench(Korean: 전원합의체)' convened with more than two-thirds of all fourteen Justices, as presiding judge.[4]

A more substantial role of the chief justice is governing political and administrative tasks in ordinary courts, as the chief is head of hierarchy of conventional judiciary consisted of all ordinary courts in South Korea.[5]

List of chief justices

No. Name TenureAppointed byEducation[7]
1 5 August 1948 14 December 1957Rhee Syng-manNihon University
2 9 June 1958 10 May 1960Gyeongseong Law College
3 30 June 1961 January 1964 Elected among JudgesKeijō Imperial University
4 January 1964 19 October 1968Park Chung Hee
5 21 October 1968 March 1973Keijō Imperial University
6 14 March 1973 21 December 1978
7 22 March 1979 15 April 1981Keijō Imperial University
8 16 April 1981 15 April 1986Chun Doo-hwanKansai University
9 16 April 1986 19 June 1988Seoul National University
10 6 July 1988 15 December 1990 Roh Tae-wooKansai University
11 16 December 1990 10 September 1993Seoul National University
12 25 September 1993 24 September 1999Kim Young-samYonsei University
13 Choi Jong-young25 September 1999 24 September 2005Kim Dae-jungSeoul National University
14 25 September 2005 24 September 2011Roh Moo-hyunSeoul National University
15 25 September 2011 24 September 2017 Lee Myung-bakSeoul National University
16 25 September 2017 24 September 2023Moon Jae-inSeoul National University
- Ahn Chul-sang (Acting) 24 September 2023 7 December 2023 - Konkuk University
17 8 December 2023 Incumbent Seoul National University

See also

External links

Notes and References

  1. Web site: Supreme Court's leadership vacuum looms after chief justice nominee rejected . 16 October 2023 . . 2023-10-19.
  2. Web site: CONSTITUTION OF THE REPUBLIC OF KOREA . Korea Legislation Research Institute . 2022-04-04.
  3. Web site: COURT ORGANIZATION ACT . Korea Legislation Research Institute . 2022-04-04.
  4. So among the total fourteen Supreme Court Justices under article 4(2) of Court Organization Act, there are twelve Supreme Court Justices who participates in daily judgment. Other two Justices are Chief Justice and Minister of National Court Administration. Yet while the Chief usually participates in vote when cases are handled under Grand Bench, the other Justice as Minister usually do not participate in vote even when Grand bench is convened.
  5. Web site: German law experts parse differences in Korea's judiciary . 12 November 2018 . . 2022-04-03.
  6. Since South Korean lower court Judges do not have life tenure, they can serve only renewable 10-year length term under article 105(3) of Constitution. The power to give permission on renewing lower court Judges term is stated under article 44-2(3) of Court Organization Act. These lower court Judges retire aged 65, under article 45(4) of Court Organization Act
  7. Web site: Former Chief Justices . Supreme Court of Korea website . 2022-05-12.