'Korea Acting Constitutional Court Nominee Designation' Constitutional Complaint Passes Constitutional Court Preliminary Review

On the 11th, Han Duck-soo, Acting President and Prime Minister, delivered a commemorative speech at the 106th anniversary ceremony of the Provisional Government of the Republic of Korea held at the National Provisional Government Memorial Hall in Seodaemun-gu, Seoul. Photo by Yonhap News

The constitutional complaint challenging whether the nomination of a Constitutional Court justice candidate by Acting Prime Minister Han Duck-soo is unconstitutional has been formally referred for adjudication, and will receive an official ruling from the Constitutional Court.

According to the legal community, on the 11th, the Constitutional Court formally referred the constitutional complaint filed by Attorney Kim Jeong-hwan of Dodam Law Firm, which seeks a declaration that the exercise of the appointment authority for justices is unconstitutional. Under the Constitutional Court Act, the Court first determines whether the constitutional complaint meets legal requirements through a preliminary review panel composed of three justices. If the preliminary review panel finds no legal defects, the case is then referred to the full bench of nine justices for hearing. Passing the preliminary review generally indicates a relatively high possibility of a formal ruling.

However, this is only a decision at the preliminary review stage, and even if the case is referred for formal adjudication, the full bench may dismiss it if they find legal defects. It is difficult to predict whether the complaint will be accepted or dismissed based solely on the preliminary review results.

This case is one of several constitutional complaints filed simultaneously after Acting Prime Minister Han nominated Lee Wan-gyu, Director of the Ministry of Government Legislation, and Ham Sang-hoon, Chief Judge of the Seoul High Court, as candidates for Constitutional Court justices on the 8th. After receiving the case on the 9th, the Constitutional Court randomly selected Justice Ma Eun-hyuk as the presiding justice on the 10th and referred the case for formal adjudication on the same day.

If the Constitutional Court expedites the hearing, there is a possibility that a provisional injunction decision could be issued before Justices Moon Hyung-bae and Lee Mi-seon retire on the 18th. The justices are expected to hold deliberations next week to hear this case.