⚖️ New Justices Appointed to South Korea’s Constitutional Court Amidst Political Turmoil 🇰🇷

Amidst ongoing political tensions, Acting President and Prime Minister Han Duck-soo has appointed and nominated new justices to South Korea’s Constitutional Court. These appointments aim to prevent delays in critical decisions related to pending impeachment trials and national affairs.

Key Appointments and Nominations

• Ma Yong-ju: Appointed as a Supreme Court Justice.
• Ma Eun-hyuk: Appointed as a Justice of the Constitutional Court.
• Lee Wan-kyu: Nominated as a Justice of the Constitutional Court (currently Head of the Ministry of Government Legislation).
• Ham Sang-hoon: Nominated as a Justice of the Constitutional Court (currently a Senior Judge at Seoul High Court).

Context and Rationale

The appointments come at a crucial time, with the Deputy Prime Minister’s impeachment motion pending in the National Assembly and the Commissioner General of the National Police Agency also facing impeachment proceedings. Acting President Han Duck-soo emphasized the urgency to fill the vacancies to avoid further delays in constitutional decisions, which could impact the upcoming presidential election, supplementary budget preparations, and trade negotiations.

Acting President Han Duck-soo’s Statement to the Nation

The following is the full text of the statement given to the public.

Key points from Acting President Han Duck-soo’s address:

• Commitment to leading the nation with stability and balance during a time of crisis.
• Decisions guided by the Constitution and laws, with consideration for historical precedents and bipartisan agreement.
• Emphasis on the critical role of the Constitutional Court in protecting the constitutional order and safeguarding the fundamental rights of the people.
• The urgency of filling vacancies to prevent delays in constitutional decisions impacting key national issues.

Full Text of the Statement:

“To the esteemed citizens,

I believe that immediately after becoming Acting President last December, I stated that my final mission was to lead the nation, which was in crisis, in a stable and balanced manner.

Appointing the Constitutional Court Justices was one of the most important things I had to worry about.

At the time, I wanted to make decisions on every issue in accordance with the Constitution and the laws so that the national division that had reached dangerous levels would not worsen any further. For matters not yet stipulated by the Constitution and laws, I tried to follow the wise judgments of the past by referring to precedents in constitutional history, and if that was not possible, I earnestly and desperately appealed to the ruling and opposition parties, the representatives of the people, to make the courageous decision to put aside their differences and agree to prevent the division of the Republic of Korea.

While the impeachment trial against me was proceeding, my successor as Acting President appointed the two people for whom there was clear bipartisan agreement first.

Now that I have returned to my duties as Acting President, I have three heavy responsibilities. It is my responsibility to operate the state affairs on behalf of the President, to find solutions to overcome forest fire damage and trade wars together, and to manage the next presidential election process fairly and squarely.

Regarding the issue of appointing Justices of the Constitutional Court, which has been the cause of many conflicts, I have made and implemented the following decisions today.

First, I appointed Ma Yong-ju, who had completed both the Supreme Court Chief Justice’s motion and the National Assembly’s approval process, as a Supreme Court Justice.

Next, regarding the appointment of the Constitutional Court Justice, I appointed Ma Eun-hyuk as a Justice of the Constitutional Court in accordance with the Constitutional Court Act and the Constitutional Court’s ruling.

In addition, Lee Wan-kyu, Head of the Ministry of Government Legislation, and Ham Sang-hoon, Senior Judge of the Seoul High Court, were nominated to succeed Moon Hyung-bae, Acting Chief Justice of the Constitutional Court, and Lee Mi-seon, whose terms expire in ten days.

The decision to nominate successors to the justices whose terms expire was made in consideration of the fact that the impeachment motion against the Deputy Prime Minister is pending in the National Assembly’s Legislation and Judiciary Committee and that the impeachment trial of the Commissioner General of the National Police Agency is still ongoing. In this situation, if the Constitutional Court’s vacancy is repeated again and the Constitutional Court’s decision is delayed, it is inevitable that there will be significant disruptions in the management of the presidential election, preparation of essential supplementary budgets, and response to trade issues, and it is feared that national division will intensify again.

Lee Wan-kyu, Head of the Ministry of Government Legislation, and Ham Sang-hoon, Senior Judge of the Seoul High Court, have held key positions in the prosecution and the courts, respectively, and have gained trust from both inside and outside the legal community for their fair and impartial judgments. I believe that these two are the right people to carefully examine the rights of each and every one of our citizens and, at the same time, make judgments for the sake of the entire country.

I hope that through the joining of Justice Ma and the two justices, the Constitutional Court will be able to continue to fulfill its original mission as a bastion of constitutional order without interruption.

The decision I made today is the result of listening to and carefully considering the opinions of numerous people, including the ruling and opposition parties, lawyers, journalists, and social elders. After a legal review, I asked my fellow cabinet members for their opinions one last time this morning and put my decision into action. I have done my best to make a wise decision for the country without any personal interest, and I would like to say that I am solely responsible for my decision.”

Next Steps

Lee Wan-kyu and Ham Sang-hoon will undergo a confirmation hearing in the National Assembly. If the National Assembly fails to conduct the hearing or adopt a report within 20 days, the Acting President can request the report within 10 days. Failure to comply allows the Acting President to appoint the nominees.

This situation underscores the delicate balance of power and the importance of the Constitutional Court in South Korea’s political landscape. 🇰🇷⚖️