Seoul: Acting President and Prime Minister Han Duck-soo's recent nominations for the Constitutional Court have stirred significant controversy and political discord. Han has nominated Minister of Government Legislature Lee Wan-kyu and Seoul High Court senior judge Ham Sang-hoon to succeed Constitutional Court Justices Moon Hyung-bae and Lee Mi-son, who are set to retire on April 18. Han has also appointed Ma Eun-hyuk as a justice of the court. Should Lee and Ham be confirmed, this would mark the first time all nine seats of the Constitutional Court are filled under Han's tenure.
According to Yonhap News Agency, Han is the first acting president to exercise the right to nominate Constitutional Court justices, a right typically reserved for the sitting president, who can nominate three of the court's justices. The upcoming vacancies were previously filled by nominations from former President Moon Jae-in in 2019. Beyond the presidential nominations, the Constitutional Court's nine justices are also selected with three nominated by the National Assembly and three by the chief justice of the Supreme Court. The president holds the formal authority to appoint all nine justices.
Han has defended his nominations by pointing to pressing issues such as a pending impeachment bill and an ongoing impeachment trial, which could disrupt government functions if Constitutional Court rulings are delayed due to vacancies. However, his decision has not been without controversy. The Democratic Party of Korea has criticized Han for potentially exceeding his authority, arguing that as acting president, he lacks the constitutional mandate to make such nominations.
The Democratic Party has even considered taking action against Han, including seeking impeachment and filing for an injunction against the nominations. Democratic Party of Korea leader Rep. Lee Jae-myung has emphasized that the appointment power lies with the president, not an acting president. The ambiguity surrounding the scope of an acting president's authority has led to divergent opinions among legal experts, making it a complex issue to resolve swiftly.
Despite the controversy, the necessity of preventing vacancies in the Constitutional Court is acknowledged to some degree, given the potential impact on state affairs. However, this situation has highlighted the need for clearer constitutional provisions regarding the acting president's authority.
The Democratic Party has also applied pressure on Han to appoint nominees selected by the National Assembly, arguing that the Constitutional Court should not be weakened by vacancies. This pressure is seen as part of a broader strategy to remove Yoon Suk Yeol from the presidency.
Han's actions have been inconsistent; he initially delayed the nominations and faced impeachment, but following the court's decision not to uphold the impeachment, he proceeded with the appointments. Both the government and the opposition are engaged in a struggle to appoint justices who align with their interests, with the outgoing justices being perceived as liberal and the new nominees as conservative.
The ongoing conflict over the Constitutional Court nominations has persisted for over three months, since the impeachment of Yoon in December last year. The court has become a focal point of political tension, with both the government and the ruling People Power Party clashing with the Democratic Party for influence. The situation underscores the need for the Constitutional Court to remain above political disputes to maintain its prestige and prevent further social division.