Judicial Appointment in the Republic of Korea from Democracy Perspectives

Abstract

This paper discusses the symbolic and actual role of the judiciary of the Republic of Korea in the nations separation of powers structure from the perspective of constitutional democracy, by primarily analyzing the law and the system pertaining to the judicial appointment. The issue of judicial appointment has been discussed continuously and extensively both inside and outside the judiciary, due to its far-reaching constitutional ramifications in the representative democracy. In this vein, this paper first reviews the law and the system pertaining to the appointment of judges to the judicial courts at various levels in the Republic of Korea, with a focus on the appointment mechanism applicable to the Supreme Court. This paper then proceeds to analyze the judicial appointment mechanism particularly in light of the anticipated role of the judiciary in the current state of democracy in the nation. In this regard, the paper discusses some of the issues critically relevant to the judicial appointment mechanism, including the qualifications expected for the judges and the education therefor, the amount of workload and the size of the docket at the Supreme Court, and the appeals mechanism. The main part of the paper analyzes some of the reform measures as currently proposed and discussed, particularly in light of the role of the judiciary and the Supreme Court in a representative democracy.