Chief Secretary of the Constitutional Court: "Acting President Can Appoint Justices"...Hwang Kyo-ahn Also Exercised This Authority in the Past

Kim Jung-won, Secretary General of the Constitutional Court, stated on the 17th that Acting President Han Duck-soo can exercise the appointment authority for Constitutional Court justices.

Kim Jung-won, Secretary General of the Constitutional Court. Photo by Yonhap News

On the same day, Kim appeared at the plenary session of the National Assembly's Legislation and Judiciary Committee and responded to related questions from Park Kyun-taek, a member of the Democratic Party of Korea, saying, "I believe that the Acting President can exercise the appointment authority for Constitutional Court justices."

When Park asked, "Isn't it more possible when the National Assembly elects by resolution, as the appointment authority is exercised only formally?" Kim agreed, saying, "I think so as well."

This statement came amid differing interpretations in political and legal circles about whether the Acting President can exercise the appointment authority, which is an inherent power of the President, while President Yoon is suspended due to impeachment proceedings. The Constitutional Court has previously taken the position that it is possible, citing the case when Acting President Hwang Kyo-ahn appointed justices after the impeachment of former President Park Geun-hye was accepted. Lee Jin, the Constitutional Court spokesperson, explained in a briefing held that morning that there was a precedent of appointments made by Acting President Hwang.

On the other hand, Kwon Seong-dong, Acting Leader and Floor Leader of the People Power Party, argued that while the Acting President can make appointments in the event of a presidential vacancy, the appointment authority cannot be exercised during a 'suspension of duties' like the current situation. Kwon said, "Until the impeachment is accepted by the Constitutional Court, the Acting President cannot appoint Constitutional Court justices."

In response, Park Chan-dae, Floor Leader of the opposition Democratic Party of Korea, pointed out, "If the National Assembly recommends three candidates, the President only proceeds with the appointment process, so saying that the Acting President cannot appoint during the President's suspension of duties is just wordplay."