"Conservative Party Walks Out of Plenary Session, Calling Resolution Urging Withdrawal of Constitutional Court Justice Nomination 'Unfair'"

Park Hyungsoo: "Acting President Can Exercise Authority During Vacancy"
Passed Unanimously by All 168 Lawmakers Present

On the 15th, the People Power Party walked out of the plenary session, deeming the submission of a parliamentary resolution urging Han Deok-su, Acting President and Prime Minister, to withdraw his nomination of constitutional court justices as unjust.

Park Hyung-soo, the party's senior deputy floor leader, criticized ahead of the vote on the resolution urging the withdrawal of the constitutional court justice nominations during the National Assembly plenary session, saying, "Originally, today's plenary session was agreed to be only for government questioning," and added, "Suddenly, the Democratic Party unilaterally convened the National Assembly Steering Committee, passed this resolution, and demanded its submission to the plenary session."

The People Power Party argues that Han's nomination of constitutional court justices is a lawful exercise of the Acting President's authority, and blocking it undermines the separation of powers.

Park, the senior deputy floor leader, raised his voice, stating, "Currently, at the Constitutional Court, a dispute over authority and provisional injunction trial requested by Speaker Woo Won-shik regarding Han's nomination is underway," and added, "If the National Assembly passes this resolution under such circumstances, it would be an improper interference by the legislative branch in an ongoing judicial case and an infringement on the independence of the judiciary."

Regarding the Democratic Party's claim that the Acting President's exercise of authority should be limited to maintaining the status quo, he countered, "Even in constitutional law circles, theories such as unlimited authority, status quo maintenance, and vacancy or accident distinctions are debated regarding the Acting President's authority, but at least two of these three theories agree that in the event of a presidential vacancy, the Acting President can actively exercise authority," and added, "These theories are discussed assuming there are no explicit provisions on the scope of authority and no constitutional precedents."

On the 15th, members of the People Power Party opposed the submission of a resolution urging the withdrawal of the nominations of Constitutional Court justices Lee Wankyu and Ham Sanghoon at the National Assembly plenary session and walked out. 2025.4.15 Photo by Kim Hyunmin

He emphasized that after Han's impeachment, when Choi Sang-mok served as Acting President and Deputy Prime Minister, the Democratic Party pressured for constitutional court justice appointments, resulting in the appointments of Cho Han-chang and Jung Gye-seon, and that after former President Yoon Seok-yeol's removal, Han appointed Ma Eun-hyuk as a justice, establishing a new constitutional precedent that the Acting President can appoint constitutional court justices regardless of whether the president's duties are suspended or the office is vacant.

Following Park's remarks, People Power Party lawmakers left the plenary hall without listening to Democratic Party senior deputy floor leader Park Sung-jun's speech. Park Sung-jun argued, "When entrusted by the people's choice, there is political decision and responsibility. Bureaucrats maintain the nation's foundation by complying with given rules and administering," and asserted, "Acting Prime Minister Han has no authority to appoint constitutional court justices."

Ultimately, the resolution urging the withdrawal of the nominations of Lee Wan-gyu, head of the Legislation Office, and Ham Sang-hoon, chief judge of the Seoul High Court, whom Acting Prime Minister Han nominated as constitutional court justice candidates on the 8th, was passed with all 168 members present voting in favor amid the absence of People Power Party lawmakers.

The resolution stated that Han's nomination of constitutional court justices, a presidential prerogative, was an overreach and that his nominations should be withdrawn accordingly. It also included confirmation of the infringement on the National Assembly's personnel hearing rights due to the forced appointments of Lee and Ham, support for the National Assembly's request for a dispute over authority trial, suspension of the effect of the personnel hearing request submission, and support for all related legal measures including provisional injunction applications.