July 21st Kim Sang-hwan Constitutional Court Chief Justice Confirmation Hearing - Candidate Analysis

Overview of Candidate Kim Sang-hwan's Nomination

On June 26, 2025, President Lee Jae-myung nominated former Supreme Court Justice Kim Sang-hwan as the candidate for Chief Justice of the Constitutional Court. This nomination goes beyond a simple personnel matter it reflects the President's strong will to restore the status and public trust of the Constitutional Court amidst political conflict and judicial confusion. The nominee, Kim, has held positions such as Supreme Court Justice, Director of the Court Administration Office, and Researcher at the Constitutional Court, and is regarded as a legal expert well-versed in both judicial practice and constitutional interpretation. The President's office stated that the reasons for Kim's nomination include 'consideration for social minorities, commitment to the protection of citizens' fundamental rights, and a firm belief in upholding constitutional values.' Notably, this appointment was submitted in the format of 'Chief Justice and Justice of the Constitutional Court,' which has drawn attention as it is a method attempted again since former nominee Lee Dong-hup.

Overview of Legal Career and Major Experiences

Candidate Kim Sang-hwan was born in 1966 in Gimcheon, North Gyeongsang Province, and graduated from Seoul National University College of Law after attending Daejeon Bomun High School. He began his judicial career as a judge at the Busan District Court in 1994 after passing the 30th bar exam. He has gained extensive practical experience as a judge through positions at the Seoul Central District Court, Supreme Court research officer, Busan High Court, and presiding judge at the Seoul High Court. Appointed as a Supreme Court Justice during the Moon Jae-in administration in 2018, he participated in major rulings involving various social and constitutional issues while serving on the Supreme Court. Since 2021, he has served as the head of the Court Administration Office, overseeing the administrative foundation of the judiciary, and after retiring, he has been active as a distinguished professor at Jeju National University's School of Law, contributing to the training of future legal professionals. This background demonstrates that Candidate Kim possesses the qualifications and experience necessary for the leadership of the Constitutional Court.

The political and institutional background of personnel selection

The nomination of candidate Kim Sang-hwan was carried out against a political and institutional background aimed at restoring the independence and balance of the Constitutional Court. Recently, the Constitutional Court has suffered serious damage to its credibility due to internal ideological conflicts, controversies over political rulings, and discord among judges. The presidential office has clearly expressed its intention to address this confusion by blocking external influences on the Constitutional Court and appointing a legal professional with a sense of balance as its head. Additionally, Candidate Kim has strived for democratic operation and transparency within the judiciary during his tenure as the head of the Supreme Court Administrative Office, and he is highly regarded for his mediation abilities as a ‘moderator’ rather than an authoritarian leader. The decision to proceed with the appointment in the form of ‘President of the Constitutional Court and Judge’ can also be interpreted as a strategy to secure legitimacy as the head of the Constitutional Court in advance through the National Assembly's confirmation process.

Judicial Philosophy and Decision-Making Tendencies

Candidate Kim Sang-hwan has gained attention for his principled rulings that emphasize the protection of social minorities, freedom of expression, and the guarantee of fundamental rights throughout his judicial career. He has actively sought value judgments based on the spirit of the constitution, going beyond the formal criteria of the judiciary. His rulings reflect a deep understanding of legal doctrine that takes into account social realities and human dignity, rather than merely interpreting legal provisions. Even during his time as a Supreme Court Justice, Kim often pursued the advancement of legal principles through minority opinions or concurring opinions rather than majority opinions. This tendency can be interpreted as stemming from a judicial philosophy that seeks to be more faithful to the process and standards of rulings rather than just the outcomes. Additionally, he is assessed as having a centrist progressive tendency that clarifies the principles of law regarding freedom of expression, the right to assemble, and political neutrality, while also considering practical balance.

Analysis of Judgment Through Representative Case Law

The judicial inclination of candidate Kim Sang-hwan is clearly demonstrated through specific ruling cases. He did not limit himself to formal legal interpretations but sought to realize 'substantive justice' by considering the spirit of the constitution and the social context in his judgments. This stance has consistently appeared across various fields, including politically sensitive issues, protection of fundamental rights, labor law, and freedom of expression. The most representative case is the election law violation incident involving former National Intelligence Service (NIS) chief Won Se-hoon. This case revolved around the NIS's organized interference in politics through internet comments and actions to slander or support specific political parties. At the time, the first trial sentenced the former chief to a suspended sentence, but candidate Kim, as the presiding judge of the Criminal Division 6 of the Seoul High Court, ruled in the appeal trial, imposing a three-year prison sentence and ordering immediate incarceration. In the ruling, candidate Kim stated, 'The organized and ongoing political and electoral interference conducted under the direction of the NIS chief severely undermined the fairness of elections and the political neutrality of state agencies.' This ruling marked a clear judicial restraint against public power's interference in elections and elicited a significant reaction from the political and social spheres of the time. In rulings related to freedom of expression, candidate Kim also exhibited a principled stance. During the 2012 presidential election, allegations of defamation and election law violations were raised against broadcasters who criticized specific candidates in an internet podcast, but candidate Kim issued a decision of probation or acquitted them.

Expectations and Challenges as the Head of the Constitutional Court

If Kim Sang-hwan is appointed as the Chief Justice of the Constitutional Court, he will face the significant task of restoring the court's independence and trust. Recently, the Constitutional Court has suffered a blow to its status due to controversies over politicization and internal conflicts. Kim is expected to be an appropriate candidate who can ease ideological rifts within the court and lead organizational stability, as he has demonstrated coordination and integration skills during his tenure as the head of the Court Administration Office. Moreover, he possesses a strong philosophy for guaranteeing fundamental rights and upholding constitutional order, equipping him with the ability to exercise a sense of balance in judgments on conflicts between power institutions and political issues. However, some have raised concerns about ideological bias due to his progressive leanings, making thorough scrutiny of political neutrality and independence as a judicial leader necessary during the National Assembly's confirmation hearing.

Can it become a symbol of judicial independence?

Candidate Kim Sang-hwan is evaluated as a figure who can restore stability and trust to the chaotic Constitutional Court, possessing both practical experience and theoretical depth as a jurist. His judgments have consistently considered the balance between constitutional values and reality, as well as the principles and flexibility, which are important qualities for a leader. In the upcoming confirmation hearing and the National Assembly's approval process, he needs to clearly articulate his philosophy and judicial vision. There is growing public interest in whether Kim can become a central figure in upholding the independence of the judiciary and the spirit of the constitution as the Chief Justice of the Constitutional Court.