When in doubt, follow the Constitution. President Lee Jae Myung and Chief Justice Cho Hee-dae are at odds over the selection of a nominee for Supreme Court justice. Both sides accuse each other of violating the Constitution. To resolve the dispute, they should both carefully examine what the Constitution actually stipulates about the recommendation and appointment process, rather than interpreting it in ways that serve their respective interests. Article 104, Paragraph 2 of the Constitution makes clear how Supreme Court justices are appointed. It states: “The Supreme Court justices shall be appointed by the president on the recommendation of the chief justice and with the consent of the National Assembly.” This provision establishes distinct roles for the executive, legislative and judicial branches and reflects the principle of checks and balances in the appointment of Supreme Court justices. The chief justice recommends candidates, the National Assembly gives its consent and the president makes the appointment. The Constitution therefore gives each branch a defined role in the pro