Unprecedented 'Presidential Nomination of Constitutional Court Justice'... Opposition's Full-Scale Overreach Offensive

Judiciary Committee Restricts Acting President's Appointment Authority
Lee Jaemyung: "Invalid Without Special Measures"

The Democratic Party of Korea launched a full-scale offensive on the 9th, calling it an overreach after Han Deok-su, Acting President and Prime Minister, nominated a candidate for the Constitutional Court justice position reserved for the president. This is the first time in constitutional history that an Acting President has nominated a candidate for the president's seat on the Constitutional Court.

Democratic Party lawmaker Seo Young-kyo criticized at the National Assembly Legislation and Judiciary Committee plenary meeting, saying, "Can the president's seat on the Constitutional Court be appointed when there is no president? Common sense says no," and added, "I believe he is colluding with former President Yoon Seok-yeol." She continued, "(This bill) is to ensure that the Acting President cannot do bad things," and said, "There are countries where if a Constitutional Court justice resigns, the successor performs the duties."

Jeong Cheong-rae, chairman of the Judiciary Committee, said, "Although Yoon Seok-yeol was impeached, has the rebellion truly ended? The people believe that the rebellion has not ended and that there are forces that disobey and support the Constitutional Court's ruling," emphasizing, "It is dangerous to assume that the rebellion has been completely suppressed, as dangerous signs are emerging everywhere, and if today's crimes are not punished, it encourages tomorrow's crimes."

The Judiciary Committee approved the bill to extend the term of Constitutional Court justices that day. Earlier, on the 31st of last month, the Legislation Subcommittee passed an amendment to the Constitutional Court Act that restricts the Acting President's right to appoint justices for the president's seat. Essentially, the bill prevents Acting President Han from nominating a Constitutional Court justice for the president's seat. The bill includes a provision allowing retroactive application, aiming to block the appointment of this director as a Constitutional Court justice.

Previously, Acting President Han nominated Lee Wan-gyu, head of the Legislation Office, and Judge Ham Sang-hoon as candidates for Constitutional Court justices. Director Lee is a 40-year confidant of former President Yoon Seok-yeol and is under investigation as a suspect related to the December 3 emergency martial law. Right after the emergency martial law was lifted last year, he met at the Yongsan Presidential Security Residence (An-ga) with Minister of Justice Park Seong-jae, Minister of the Interior and Safety Lee Sang-min, and Kim Joo-hyun, Senior Secretary for Civil Affairs of the Presidential Office, allegedly abetting rebellion and is accused of destroying evidence by changing his mobile phone after the martial law incident. During police investigations, Director Lee admitted to the meeting at An-ga but reportedly refused to testify further.

Criticism also poured in from party leadership. Democratic Party leader Lee Jae-myung said at the Supreme Council meeting that day, "There is much controversy regarding Acting President Han's unconstitutional actions. Invalid acts are invalid without special measures," and pointed out, "I hope he focuses on the lives of the people rather than scheming for personal gain." Democratic Party floor leader Park Chan-dae sharply criticized, saying, "Acting President Han should immediately withdraw the nomination of the Constitutional Court justice," calling it "a second coup d'?tat. It is effectively a nomination by the rebel leader Yoon Seok-yeol."

In the constitutional law community, the Acting President's authority is seen as maintaining the status quo. This is because the Acting President is not a representative directly elected by the people. During the impeachment of former President Park Geun-hye, Acting President Hwang Kyo-ahn did not appoint a Constitutional Court justice for the president's seat and stated, "There are various controversies regarding the scope of duties of the Acting President."