Park: "Suspension of Presidential Authority and Vacancy Are Different Situations"
Park Sung-jae, Minister of Justice, stated on the 14th that Han Deok-soo, Acting President and Prime Minister, holds the position that it is possible to nominate two candidates for the Constitutional Court justices' presidential quota.
Minister Park said during the National Assembly's government questioning session in response to a question from Kim Young-bae, a member of the Democratic Party of Korea, "The composition of the Constitutional Court is divided into legislative, judicial, and executive branches, and the current issue concerns the executive branch's quota. If necessary, I believe appointments can be made."
Earlier, on the 8th, Acting President Han appointed Ma Eun-hyuk as a Constitutional Court justice and nominated Lee Wan-gyu, head of the Legislation Office, and Ham Sang-hoon, chief judge of the Seoul High Court, as successors to Constitutional Court justices Moon Hyung-bae and Lee Mi-seon.
Rep. Kim criticized, citing the constitutional commentary published by the Legislation Office, that the duties of the Acting President are mainly to maintain the status quo, and that appointing Constitutional Court justices is beyond the scope of the Acting President's authority.
Minister Park emphasized, "The Constitution does not have special provisions regarding the scope of authority of the Acting President, and I understand that there are various views in academia and practice," adding, "I understand that the Prime Minister made the decision after considering various factors, and I respect that decision."
When Rep. Kim pointed out that Acting President Han, in a statement on December 26 last year, said that "refraining from exercising significant inherent powers, including appointments to constitutional institutions, is a consistent spirit contained in the Constitution and laws," and thus did not appoint candidates Ma and Jo Han-chang at that time, Minister Park countered, "I think the situation is somewhat different between when the President's authority is suspended and when the position is completely vacant."
A commotion broke out in the chamber as Minister Park and Rep. Kim exchanged sharp words. Rep. Kim accused Minister Park of "clearly showing the traits of a legal manipulator." In response, Minister Park frowned and retorted, "That expression is a bit excessive."
Prime Minister Han Duck-soo and Minister of Justice Park Sung-jae are seen conversing at the first hearing of the "Special Committee on the National Investigation into the Alleged Insurrection through the Declaration of Martial Law by the Yoon Suk-yeol Administration," held at the National Assembly on the 22nd. Photo by Kim Hyun-min
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
