Supreme Court Chief Justice Jo Hee-de said that calls for him to take the stand during a parliamentary audit contradict the Constitution and relevant laws.
The chief justice said Monday before the Legislation and Judiciary Committee that he would follow precedent and appear only at the start and end of the audit to give opening and closing remarks.
Cho said requests that the chief justice appear as a witness were effectively calls for testimony regarding ongoing court deliberations, which he argued could contradict the Constitution, the law on parliamentary audits and the Court Organization Act, which mandates the confidentiality of such deliberations.
While acknowledging that judges bear full responsibility for their rulings and can be subject to public criticism, Cho stressed that forcing judges to testify about their cases could undermine their independence and make them hesitant or constrained while deliberating, leading them to consider external pressures when making decisions.
He added that in countries with separation of powers, it is rare for judges to be called to testify on their rulings. He argued that historically, the National Assembly has refrained from compelling Supreme Court chief justices to appear, in deference to constitutional principles and judicial independence.