"Both Election and Appointment Are Problematic" Kwon Seong-dong Opposes Appointment of Yoon Impeachment Judge

Claims of Inability to Proceed with Constitutional Court Justice Appointment Process for Second Day
"If Prosecutor-like National Assembly Elects Judge-like Constitutional Court Justice, Fairness Is Undermined"
"Han Deok-su Has No Authority to Appoint Constitutional Court Justice During Suspension of Duties"

Kwon Seong-dong, the acting leader of the People Power Party and floor leader, who has raised issues regarding the appointment of constitutional court justices allocated to the National Assembly, argued that there is a procedural problem in proceeding with the selection process of constitutional court justices while the National Assembly has passed the impeachment motion against the president. This follows Acting President and Prime Minister Han Deok-soo's assertion that the appointment of constitutional court justices is not possible. However, opposition parties and legal scholars counter that the National Assembly’s appointment of constitutional court justices is in accordance with the constitution and is not subject to dispute.

On the 18th, at a People Power Party members' meeting held at the National Assembly, Acting Leader Kwon stated, "Since the presidential impeachment motion has passed the plenary session of the National Assembly and is pending at the Constitutional Court, the National Assembly has now become the accuser." He added, "After the National Assembly becomes the accuser, deciding on the constitutional court justices, who are the subjects of the impeachment motion, undermines legal fairness." In the situation where the National Assembly plays a kind of 'prosecutor' role regarding President Yoon Seok-yeol's impeachment, intervening in the appointment of constitutional court justices, who correspond to 'judges,' poses procedural issues.

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He referred to a past case when President Yoon, 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 argued, "If the National Assembly, which passed the impeachment motion, 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 must take precedence over partisan interests."

The previous day, Acting Leader Kwon also challenged Acting President Han’s authority to appoint constitutional court justices. He claimed, "While the acting president can appoint constitutional court justices in the event of a presidential vacancy, they should not be able to do so during a suspension of presidential duties." This means that in a vacancy situation where the president cannot return to office, the acting president may exercise appointment authority, but in a suspension situation where the president can return to office, the use of appointment authority should be restricted.

According to the logic Kwon asserted over two days, the National Assembly should not proceed with the constitutional court justice selection process, which has even formed a confirmation hearing committee, and Acting President Han should not proceed with the appointment process even if he has made appointments.

The opposition views Kwon’s series of claims as a delaying tactic to postpone President Yoon’s impeachment trial. Park Chan-dae, the Democratic Party floor leader, demanded at the previous day’s floor strategy meeting, "The People Power Party should abandon their petty procedural delay tactics." Kim Han, a Democratic Party member serving as the secretary of the confirmation hearing special committee, rebutted Kwon’s remarks that proceeding with the constitutional court justice appointment process at this time is a procedural defect, stating, "(The National Assembly proceeding with the constitutional court justice selection process) is all stipulated in the constitution."