Kwon Seong-dong: "The Appointment of Constitutional Court Justices by the National Assembly, Which Acts as a Prosecutor Equivalent in Yoon's Impeachment, Has Procedural Issues"

New Claim Following Opposition to Han Deok-su's Appointment as Acting Prime Minister

Kwon Seong-dong, Acting Party Leader and Floor Leader of the People Power Party, presented a new argument on the 18th that the National Assembly should be cautious in appointing Constitutional Court justices. In the situation where the National Assembly has taken on a kind of 'prosecutor' role regarding the impeachment of President Yoon Seok-yeol, he argued that intervening in the appointment of Constitutional Court justices, who correspond to 'judges,' poses procedural issues.

Yonhap News

At the People Power Party members' meeting held at the National Assembly that day, Acting Leader Kwon stated, "The appointment of Constitutional Court justices is related to the deliberation and decision on the presidential impeachment motion, so legal fairness must also be carefully considered." He added, "Since the presidential impeachment motion passed the plenary session of the National Assembly and is now pending at the Constitutional Court, the National Assembly has become the accuser. After becoming the accuser, the National Assembly deciding on the justices who are the subjects of the impeachment motion undermines legal fairness."

Acting Leader Kwon said, "The legislature strictly separates prosecution and trial," and "The act of the National Assembly, which becomes the accuser in the impeachment, recommending Constitutional Court justices is like a prosecutor appointing judges for cases they have prosecuted. It violates the principle of separation between prosecution and trial."

Referring to a past case when President Yoon Seok-yeol, as Prosecutor General, had the Minister of Justice appoint disciplinary committee members to fill vacancies during a disciplinary cancellation lawsuit, which was ruled a procedural violation, he said, "If the National Assembly that passed the impeachment resolution recommends Constitutional Court justices, it violates the constitutional principles of fair trial and due process." He continued, "Whether to impeach the president is a matter of national importance, and constitutional spirit and procedural completeness should take precedence over partisan interests."

Earlier, Acting Leader Kwon had argued against the appointment of Constitutional Court justices recommended by the National Assembly, citing the logic that Prime Minister Han Duck-soo, who is Acting President and Prime Minister, has limited personnel authority due to President Yoon currently being suspended from duty. The opposition criticized the argument that appointments should not be made during a suspension period when the president can return, saying it was an attempt to delay the impeachment trial.