Legislation Passed by the Legislation and Judiciary Committee Prohibiting Presidential Appointment of Constitutional Court Justices

Extension of Terms for Moon Hyungbae and Lee Miseon Also Included

On the 9th, the National Assembly's Legislation and Judiciary Committee passed a revision to the Constitutional Court Act that prohibits the Acting President from nominating or appointing the Constitutional Court Justice position reserved for the President.

Jeong Cheong-rae, Chairman of the Legislation and Judiciary Committee, is speaking. Photo by Yonhap News.

On the same day, the Legislation and Judiciary Committee held a plenary session at the National Assembly and approved an amendment to the Constitutional Court Act stipulating that the Acting President may not exercise the appointment power except for the three justices elected by the National Assembly and the three justices nominated by the Chief Justice of the Supreme Court. This bill prevents Acting President Han Deok-su, who is also the Prime Minister, from nominating the Constitutional Court Justice position reserved for the President. The bill includes a provision for retroactive application, intending to block the Acting President’s appointment of a Constitutional Court Justice.

The committee also approved an amendment to the Constitutional Court Act that deems the President to have appointed a Constitutional Court Justice candidate nominated by the National Assembly or the Chief Justice of the Supreme Court if the President does not appoint them within seven days. It also includes provisions allowing the extension of the term of Constitutional Court Justices whose successors have not been appointed. This is aimed at extending the terms of Constitutional Court Justices Moon Hyung-bae and Lee Mi-seon, who are set to retire on the 18th due to term expiration.

On the same day, Seo Young-kyo, a member of the Democratic Party of Korea, criticized during the Legislation and Judiciary Committee plenary session, saying, "There is no President, so can the Constitutional Court Justice position reserved for the President be appointed? It is common sense that it cannot be done," and added, "I believe there is collusion with former President Yoon Seok-yeol." She further stated, "(This bill) is to ensure that the Acting President cannot do wrongful acts," and added, "There are countries where the successor performs duties if a Constitutional Court Justice resigns."

Earlier, Acting President Han nominated Lee Wan-gyu, Director of the Legislation Office, and Ham Sang-hoon, a presiding judge, as candidates for Constitutional Court Justices. Director Lee is a 40-year acquaintance of former President Yoon Seok-yeol and is under investigation as a suspect related to the December 3 emergency martial law. Right after the lifting of the emergency martial law last year, he met at the Yongsan Presidential Security House (An-ga) with Park Sung-jae, Minister of Justice, Lee Sang-min, Minister of the Interior and Safety, 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 the police investigation, Director Lee admitted to the meeting at An-ga but reportedly refused to testify on other matters.

This content was produced with the assistance of AI translation services.