[The Editors' Verdict] The Path for Acting President Han Duck-soo Illuminated by the Constitutional Court

Prime Minister and Acting President Han Duck-soo's troubles began when he nominated a friend of former President Yoon Seok-yeol as a Constitutional Court justice. Who is Lee Wan-kyu, the Minister of Government Legislation? He is a classmate of former President Yoon from Seoul National University Law School, class of '79, though not a fellow Judicial Research and Training Institute trainee. During Yoon's tenure as Prosecutor General, Lee handled his personal legal cases and also represented his mother-in-law, Choi Eun-soon, in related matters. It is no wonder he was called the 'legal bodyguard' of the Yoon family.

When such a figure was nominated as a Constitutional Court justice, a position that demands utmost fairness and integrity, the public was reminded of the nightmare from last winter. Anxiety spread, with suspicions that a massive conspiracy was at work behind the scenes. Some even interpreted it as a prelude to overturning the election results regardless of the presidential election outcome. The Acting President's choice created a shocking situation that shook the stability of constitutional adjudication to its core.

Appointing a legal aide to a removed president's family, especially someone under suspicion of participating in a rebellion through secret meetings at the presidential residence, as a Constitutional Court justice obviously undermines trust in the Court. Many constitutional scholars pointed out that the Acting President's nomination was an overreach from the start.

This remains true even considering that a new president will be elected in about a month and a half. The constitutional intent is that the president's appointee should be chosen by the people's mandate. The Constitutional Court intervened in Acting President Han's nomination, unanimously accepting a provisional injunction to suspend the nomination's effect with all nine justices in agreement.

Acting President and Prime Minister Han Duck-soo, who returned to duty after the Constitutional Court dismissed the impeachment motion, is speaking to the press as he arrives at the Government Seoul Office in Jongno-gu, Seoul on March 24. Photo by Jo Yong-jun

The Constitutional Court stated, "If a person who is not appointed according to the qualifications and procedures prescribed by the Constitution and laws presides over cases, trust in constitutional adjudication will be greatly damaged." The fact that the public must worry whether the Court would make such an obvious decision is itself a source of stress. Speaker Woo Won-shik said, "(The Court's decision is) the inevitable outcome," and demanded that "(Acting President Han) apologize to the people." Acting President Han must bow before the public. Pretending nothing happened and brushing it off is not the attitude of a responsible public official.

What remains curious is the question, "Why did Acting President Han behave this way?" Those who have observed him for a long time find his reckless move unfamiliar. Previous administrations valued him for his rational thinking and problem-solving abilities. Is his reckless move truly related to thoughts about the presidential election? Is the rumor true that the removed president is using Acting President Han as a political lever to plan for the future?

It is an open secret that pro-Yoon (pro-Yoon Seok-yeol) figures within the People Power Party and the presidential office are laying the groundwork for Han Duck-soo's rise. If Acting President Han actually intends to run for president, it is proper for him to step down from the acting presidency as soon as possible and declare his candidacy. If the talk about a presidential bid is merely political rumor, he should clearly announce his commitment to focusing on his duties as election manager.

Can we allow a situation where the Acting President increases uncertainty to persist? The Acting President must not forget that he is not a power elected by the people. This means there should be no further overreach controversies that burden the constitutional order. Doubting the loyalty of a lifelong public servant like Acting President Han is disrespectful not only to him but also to the junior public officials who have followed him.