Kyungsillyeon: "Nomination of Constitutional Court Justices in Korea is Unconstitutional"…Constitutional Complaint and Injunction Application

The Citizens' Coalition for Economic Justice (CCEJ) has filed a constitutional complaint and a provisional injunction request against the nomination of constitutional court justice candidates by Han Duck-soo, Acting President and Prime Minister.

On the 15th, CCEJ held a press conference at their auditorium in Jongno-gu, Seoul, stating, "The nomination of constitutional court justice candidates Lee Wan-gyu and Ham Sang-hoon by Acting President Han clearly exceeds the authority of an acting president as permitted by the Constitution and is an unconstitutional act."

They added, "At a time just two months before the early presidential election, this is an overreach by an acting president who has not received direct mandate from the people," and "This is not a simple personnel matter but an unconstitutional act that could undermine the composition and neutrality of the Constitutional Court." They also criticized the delay in appointing Justice Ma Eun-hyuk, saying, "It induced a delay in the impeachment trial of President Yoon Seok-yeol," and called the nomination "a contradictory decision that directly conflicts with previous actions."

CCEJ particularly targeted Lee Wan-gyu, head of the Ministry of Government Legislation, stating, "He is under investigation on charges of being an accomplice in the December 3 emergency martial law related to a rebellion, raising concerns about conflicts of interest," and "If such a person is involved in impeachment trials or cases concerning the constitutionality of martial law, there is a clear or likely infringement of the constitutional right to receive a fair constitutional trial."

On this day, CCEJ filed a constitutional complaint and a provisional injunction request with the Constitutional Court on behalf of a total of 23 citizens.

The constitutional complaint and injunction request regarding Acting President Han's nomination of constitutional court justice candidates have been ongoing since the 9th. Attorney Kim Jeong-hwan of Dodam Law Firm, the Lawyers for a Democratic Society, and Deoksu Law Firm have submitted constitutional complaints and provisional injunction requests.

Attorney Kim stated, "If Acting President Han's appointment act is judged unconstitutional or invalid, all related proceedings will be nullified, and the applicants will have to undergo the proceedings again or enter a retrial process." The Deoksu side stated, "An acting president cannot exercise the president's authority to nominate justices," emphasizing that the right to a fair trial as citizens is being infringed.

Meanwhile, the Constitutional Court reportedly held a deliberation among justices on the same day to discuss whether Acting President Han's nomination of constitutional court justice candidates is unconstitutional. If the provisional injunction is granted, the effect of Han's nomination will be suspended until the main constitutional complaint is decided.