'Controversy Over Acting President's Constitutional Court Justice Nomination' Constitutional Court Refers Constitutional Complaint to 'Full Bench' (Update)

Selection of Presiding Justice and Rapid Designated Panel Procedure
Nine Justices Expected to Hold Deliberation Next Week

The constitutional complaint filed regarding the nomination of Han Deok-su, Acting President and Prime Minister, as a candidate for Constitutional Court Justice, which has been increasingly controversial, has completed the preliminary review by the designated panel of the Constitutional Court and will now receive a formal judgment.

Tension is mounting at the Grand Bench of the Constitutional Court in Jongno-gu, Seoul, on the 3rd, one day before the Constitutional Court's ruling on the impeachment trial of President Yoon Seok-yeol. 2025.04.03 Photo by Joint Press Corps

According to the legal community on the 11th, the Constitutional Court referred the 'Unconstitutionality Confirmation of the Exercise of the Appointment Power of Justices' constitutional complaint filed by Attorney Kim Jeong-hwan of Dodam Law Firm to a full bench consisting of nine justices.

The Constitutional Court Act stipulates that when a constitutional complaint is filed, a designated panel composed of three justices, including the presiding justice, determines whether the legal requirements are met. If the designated panel finds no legal defects, the case is referred to the full bench, where all justices participate. This indicates that the minimum requirements for the constitutional complaint are considered fulfilled.

Accordingly, the full bench is expected to hold a deliberation next week to discuss the constitutional complaint case. The full bench will decide whether to accept or dismiss the petition. However, even if the designated panel review is passed, the full bench may dismiss the case if legal defects are found.

The constitutional complaint in question is one of six filed consecutively after Acting President 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 Justice on the 8th. After receiving the case on the 9th, the Constitutional Court selected Justice Ma Eun-hyuk as the presiding justice through a random electronic draw on the 10th.

Considering the gravity of the issue, which includes a request for a provisional suspension of effect, the process appears to be moving faster than usual constitutional complaint cases. If the Constitutional Court expedites the process, there is a possibility that a provisional suspension decision could be issued before the retirement date of Acting Chief Justice Moon Hyung-bae and Justice Lee Mi-seon on the 18th. Last October, a case in which Lee Jin-sook, Chairperson of the Korea Communications Commission, filed a provisional suspension of effect against the Constitutional Court Act was accepted within four days.