Opposition Rushing Constitutional Court Justice Appointments, Ruling Party Says "Acting President Has No Authority"

Acting President Han Deok-su, Carefully Reviewing Legal Opinions and Logic

As the Democratic Party of Korea seeks to quickly complete the consent procedure for the appointment of Constitutional Court justices, the People Power Party has announced plans to file a dispute over authority, arguing that Acting Prime Minister Han Duck-soo does not have the authority to make such appointments.

Kwon Seong-dong, Acting Leader of the People Power Party, and Park Chan-dae, Floor Leader of the Democratic Party of Korea

Park Chan-dae, the Democratic Party floor leader, said at a press briefing on the 22nd, "The appointment procedure for Constitutional Court justices should not be delayed and must proceed swiftly." He urged Acting Prime Minister Han, saying, "He must actively cooperate with the appointment procedures for the three currently vacant Constitutional Court justice positions," and emphasized, "Since these appointments are recommended by the National Assembly, the Prime Minister has no justification to refuse or delay the formal appointment process."

The confirmation hearings will be held on the 23rd for Jung Gye-seon (55, 27th Judicial Research and Training Institute class), Chief Judge of the Seoul Western District Court, and Ma Eun-hyuk (61, 29th class), Presiding Judge of the Seoul Western District Court, both recommended by the opposition party. On the 24th, a hearing will be held for Cho Han-chang (59, 18th class), a lawyer recommended by the People Power Party.

The Democratic Party plans to adopt the confirmation hearing outcome report immediately after the hearings conclude on the 24th and to process the consent motion in the plenary session on the 26th or 27th.

The Democratic Party also appears to be considering using the impeachment motion as leverage against Acting Prime Minister Han. Their calculation is that even if Han is impeached, the appointment of Constitutional Court justices by the next-in-line Cabinet member acting as the official will still be possible.

However, the People Power Party has decided not to participate in the confirmation hearings. Moreover, if the Democratic Party forcibly passes the consent motion for the Constitutional Court justices, they have stated they will immediately file a dispute over authority with the Constitutional Court.

Kwon Seong-dong, acting leader and floor leader of the People Power Party, said at a press briefing, "The president constitutionally holds the status of head of state and head of the executive branch. The veto power and ministerial appointments are possible as the head of the executive branch, but the appointment of Supreme Court justices and Constitutional Court justices derives from the status of head of state, so it is impossible for the acting president to exercise this authority."

He also pointed out, "The National Assembly impeaches and appoints the judges who will rule on the impeachment, which is like a prosecutor selecting the judge for a case they have filed. Since the 1987 Constitution was enacted, the National Assembly's share of Constitutional Court justices has been set as 'one from the ruling party, one from the opposition party, and one by mutual agreement between the two,' but the Democratic Party has broken this tradition this time."

The Democratic Party's push to speed up the appointment of Constitutional Court justices appears to be motivated by a desire to avoid having the impeachment trial proceed under the current 'six-member system' as much as possible.

For a presidential impeachment to be accepted, the approval of six or more justices is required, and under the six-member system, even one dissenting vote could lead to dismissal.

In response, the People Power Party is standing firm, citing constitutional and principled issues. Acting leader Kwon said that Democratic Party leader Lee Jae-myung is devising a trial delay strategy regarding violations of the Public Official Election Act and other cases, adding, "The appointment of Constitutional Court justices is a matter asserted according to constitutional principles, so it is not right to criticize it on the same grounds."

Meanwhile, Acting Prime Minister Han is reportedly carefully reviewing various legal opinions and arguments related to the appointment of Constitutional Court justices.