"Presidential Appointment Authority Could Be Rendered Meaningless Under the Constitution"
Han Ducksoo, Acting President and Prime Minister, stated on April 29, "I am requesting the National Assembly to reconsider the amendment to the Constitutional Court Act," adding, "It could render the President's constitutional appointment authority meaningless."
Presiding over a Cabinet meeting at the Seoul Government Complex that day, Han explained, "This amendment legislates important matters regarding the structure of governance and the foundation of separation of powers as stipulated in the Constitution, and contains provisions that conflict with current constitutional regulations." He exercised his right to request reconsideration (veto).
Han further stated, "The Constitution does not impose separate restrictions on the scope of duties for an acting president," and pointed out, "The amendment seeks to restrict the acting president's authority by law, allowing the acting president to appoint only three Constitutional Court justices elected by the National Assembly and three nominated by the Chief Justice of the Supreme Court, which is not stipulated in the Constitution."
He also noted, "Article 112, Paragraph 1 of the Constitution clearly stipulates the term of office for Constitutional Court justices as six years. However, this amendment allows justices whose terms have expired to continue serving until their successors are appointed, which goes against the constitutional principle that specifies the term of office for Constitutional Court justices."
Han explained the background for exercising his veto, stating, "The provision that regards a justice as appointed if the President fails to appoint a Constitutional Court justice elected by the National Assembly or nominated by the Chief Justice of the Supreme Court within seven days could render the President's constitutional appointment authority meaningless and poses a significant risk of violating the separation of powers."
He also commented on the "2+2 Trade Consultation" held last week in Washington, DC, attended by the economic and trade leaders of Korea and the United States, saying, "We have resolved a significant portion of the uncertainty."
Han said, "Despite some concerns, Korea and the United States reaffirmed their strong bilateral relationship through these consultations," and added, "Our delegation achieved a principled agreement on the basic framework for future consultations."
He continued, "From this week, working-level consultations on issues such as tariff and non-tariff measures and cooperation in the shipbuilding industry will proceed in earnest," adding, "By the time consultations conclude in July, we will have to overcome numerous obstacles and, at times, face situations that require decisive action in the national interest."
Han emphasized, "We have always responded to challenges and turned crises into opportunities," and stressed, "Cooperation from the National Assembly and the political community is also absolutely essential." He added, "If we achieve mutually beneficial trade consultations with the United States going forward, the strong Korea-U.S. alliance will further mature into a prosperous economic alliance."
With the government having submitted a supplementary budget bill worth 12.2 trillion won to the National Assembly last week, Han urged the legislature to process it swiftly.
Han pointed out, "There are still bills that are absolutely necessary for people's livelihoods and economic recovery that have yet to pass the National Assembly," stressing, "Legislation such as the Special Act on Semiconductors, the Act on Supporting the Socially Disadvantaged in Labor, and the Special Act on Promoting Balanced Regional Investment are all desperately needed and must be processed as soon as possible."
Emphasizing that "the effectiveness of the supplementary budget depends on speed," Han said, "Considering the difficult economic situation, we must use the people's precious tax money in the most effective way, in line with the basic principle of fiscal management. If swift processing is ensured, the government will approach the National Assembly's supplementary budget discussions with flexibility and a forward-looking attitude."
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