Seoul: The Constitutional Court has unanimously accepted an injunction that suspends the recent nominations made by acting President Han Duck-soo for two Constitutional Court justices. This decision was made merely eight days after Han nominated Lee Wan-kyu, minister of government legislation, and Ham Sang-hun, a justice of the Seoul High Court, to replace two retiring judges.
According to Yonhap News Agency, the court's ruling highlighted the uncertainty regarding the authority of a prime minister acting as president to nominate and appoint Constitutional Court judges. The court emphasized that denying the injunction could lead to significant confusion, especially if a subsequent constitutional review petition is approved after the new justices have been appointed. Such a scenario could cast doubts on the validity of the Constitutional Court's rulings.
Han's nominations have stirred controversy within the legal community. Some experts have criticized the move as an overreach of authority. The situation arose following the National Assembly's impeachment of former President Yoon Suk Yeol over a controversial martial law bid in December, which led to Han assuming the role of acting president. Han himself was impeached shortly thereafter, but the Constitutional Court overturned this impeachment in March, reinstating him as acting president.
The suspension of Han's nominations will remain in place until the court issues a ruling on a petition that will ultimately decide whether an acting president possesses the authority to appoint Constitutional Court justices.