Candidate Ma Eun-hyeok "Acting President Must Appoint Constitutional Court Justice"

"If I Were a Member of the National Assembly, I Would Have Climbed the Wall During Martial Law"
"Presidential Acts of Governance Are Subject to Judicial Review"

Constitutional Court nominee Ma Eun-hyuk expressed the opinion that it is appropriate for Prime Minister Han Duck-soo, acting president, to appoint the Constitutional Court justice recommended by the National Assembly.

Ma Eun-hyuk, nominee for Constitutional Court Justice, is responding to questions from committee members at the confirmation hearing held at the National Assembly in Yeouido, Seoul, on the morning of the 23rd. Photo by Yonhap News

At the Constitutional Court justice confirmation hearing held at the National Assembly in Yeouido, Seoul, on the 23rd, nominee Ma responded to a question from Min Byung-duk, a member of the Democratic Party of Korea, asking, "The Constitutional Court said that the acting president can appoint a Constitutional Court justice. Do you agree?" by saying, "If the Constitutional Court justice is elected through a proper procedure by the National Assembly, it is appropriate for the president or acting president to appoint the elected person as a Constitutional Court justice."

Later, when Democratic Party member Kim Han-gyu asked, "The Constitution states that the president appoints, but there are no specific details," Ma said, "Although the Constitution does not specify such details, if the National Assembly or the Supreme Court nominates (a Constitutional Court justice) through an appropriate procedure, I think it is appropriate for the president to appoint them." When Kim asked, "Is there any precedent where the president did not appoint a Constitutional Court justice candidate nominated by the Chief Justice or elected by the National Assembly?" Ma briefly replied, "There is none."

Nominee Ma showed the perception that President Yoon Seok-yeol's declaration of martial law is effectively illegal. Park Ji-won, a Democratic Party member and chair of the National Assembly's special personnel hearing committee, asked, "If you were a member of the National Assembly, would you have climbed over the fence and run to the National Assembly on the night of the martial law declaration on the 3rd of this month?" Ma replied, "Since it is a hypothetical question, it is difficult to answer specifically, but I think many members of the National Assembly would have acted similarly as they did." Furthermore, when Park said, "This is the attitude of a member of the National Assembly who seeks to protect democracy," Ma responded, "There is a global evaluation of the process after the 3rd of this month. I agree with that and share similar thoughts regarding the member's activities."

He also emphasized that the president's acts of governance can be subject to judicial review. President Yoon holds the position that declarations of martial law and similar acts are legitimate acts of governance and thus cannot be subject to judicial review. However, the Supreme Court and the Constitutional Court have set precedents in trials against the new military regime that staged the December 12 military coup, ruling that acts of governance are also subject to judicial review. Nominee Ma said regarding such precedents, "I understand that the Constitutional Court and the Supreme Court have a firm stance on the possibility of judicial review of acts of governance."