South Korean Constitutional Court Halts Acting President's Justice Nominations
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Synopsis
On April 16, the Constitutional Court of South Korea issued an injunction against acting President Han Duck-soo's nominations of two justices. The court raised questions about the authority of a prime minister acting in the president's stead to appoint judges, leading to significant legal and political implications.
Key Takeaways
- The Constitutional Court accepted an injunction against acting President Han Duck-soo's nominations.
- Concerns were raised over the authority of the acting president in appointing justices.
- The nominations have sparked legal controversy.
- Han Duck-soo will not participate in the upcoming presidential primary.
- The suspension will last until a court ruling clarifies the authority to appoint justices.
Seoul, April 16 (NationPress) The Constitutional Court of South Korea on Wednesday unanimously approved an injunction that halts the recent nominations made by acting South Korean President Han Duck-soo for two justices of the Constitutional Court.
This ruling follows Han's nominations of two judges—Lee Wan-kyu, the minister of government legislation, and Ham Sang-hun, a justice from the Seoul High Court—intended to fill the vacancies left by two retiring justices.
The court’s ruling indicated that it could not definitively determine whether a prime minister acting on behalf of the president possesses the authority to nominate and appoint judges to the Constitutional Court.
Furthermore, the court expressed concerns that if the injunction were to be lifted and a subsequent petition for constitutional review were accepted after the justices were appointed, it could result in confusion regarding the legitimacy of the Constitutional Court's decisions.
Han's choice of the two judges has ignited controversy within the legal community, with some experts labeling it as an overreach of power.
After the National Assembly voted to impeach former South Korean President Yoon Suk Yeol due to his brief attempt at martial law in December, Han stepped into the role of acting president, only to face impeachment himself shortly thereafter.
In March, the Constitutional Court annulled Han's impeachment, reinstating him to his role as acting president, as reported by the Yonhap news agency.
The suspension of the nominations will remain until the court reaches a decision on a petition that seeks to clarify whether an acting president has the authority to appoint justices to the Constitutional Court.
In the meantime, acting President Han Duck-soo has decided not to partake in the People Power Party's (PPP) presidential primary scheduled for the June 3 election, as confirmed by the party's floor leader on Tuesday amid ongoing speculation regarding Han's potential presidential candidacy.
Kweon Seong-dong affirmed Han's position during a party meeting, stating that speculation about Han's candidacy does not benefit public interest in the primary nor does it assist with his duties as an acting president.
