'Handuksoo Prevention Act' Passed by National Assembly... Acting President Cannot Nominate Constitutional Court Justice Reserved for President

The amendment to the Constitutional Court Act, which prevents the acting president from appointing constitutional court justices allocated to the president, passed the National Assembly plenary session on the 17th.

Today, the National Assembly held a plenary session and approved the partial amendment to the Constitutional Court Act with 188 votes in favor and 106 against out of 294 members present.

The amendment stipulates that when the president is vacant or under circumstances such as accident or suspension of duties leading to an acting president system, the acting president cannot appoint or designate the three justices allocated to the president. Only the three justices elected by the National Assembly and the three justices nominated by the Chief Justice of the Supreme Court can be appointed.

It also includes measures to prevent the president or acting president from continuously delaying the appointment of candidates allocated to the National Assembly or the Chief Justice of the Supreme Court.

On the 24th, when the Constitutional Court dismissed the National Assembly's impeachment motion against Prime Minister Han Deok-su, the Prime Minister immediately returned to duty at the Government Seoul Office Building after 87 days and headed to the Prime Minister's Office. 2025.03.24 Photo by Jo Yong-jun

The amendment includes a provision that the president must appoint candidates elected by the National Assembly or nominated by the Chief Justice within seven days from the date of election or nomination, and if seven days pass, the candidate is deemed automatically appointed.

In cases where a justice’s term expires or mandatory retirement occurs and a successor has not been appointed, the incumbent justice may continue to perform duties until a successor is appointed.

This is a supplementary measure to prevent the suspension of the Constitutional Court’s operations due to the expiration of justices’ terms.