The recommendation was submitted in writing. If confirmed after parliamentary hearings, the two would be the first Supreme Court justices appointed under President Lee. The seat left by Justice Noh had been vacant for about five months.

Son has heard cases at the Daegu District Court and Kim at the Seoul High Court. The Supreme Court published both nominees' careers and judicial records and opened the customary period for public comment.

The dispute concerns process. Previous chief justices consulted the presidential office in advance and presented nominees in a meeting with the president; this time the recommendation was made in writing without prior consultation, critics said. Members of the governing party questioned the procedure, while the court has held that the power to recommend belongs to the chief justice under the constitution.

Next comes the formation of a parliamentary confirmation committee and the scheduling of hearings, followed by a floor vote on consent. Only after that can the vacancies be filled.

A prolonged vacancy affects the scheduling of full-bench cases. Some in the legal profession argue that, whatever the procedural dispute, the appointment process itself should move quickly.