Constitutional Court Halts Appointment Process of Candidates Designated by Acting President

Breaking News: The Constitutional Court has effectively suspended the appointment procedures for candidates designated by Acting President Han Duck-soo, leading to potential disruptions within the court’s operations. 😮

Key Points:

• Injunction Granted: The Constitutional Court unanimously approved an injunction against the actions of Acting President Han Duck-soo in nominating Lee Wan-kyu and Ham Sang-hoon as justices.
• Legal Challenge: The injunction was filed by attorney Kim Jung-hwan, who argued that the acting president’s nominations were unconstitutional.
• Suspension Period: The suspension will remain in effect until the Constitutional Court rules on the substantive constitutional complaint.
• Implications: The court’s decision prevents any further steps in the appointment process, including submitting requests for personnel hearings.
• Reduced Roster: With the impending retirement of Justices Moon Hyung-bae and Lee Mi-sun, the court may temporarily operate with only seven justices.

Why This Matters:

The Constitutional Court emphasized that proceeding with the appointments could infringe on the rights of all parties involved in ongoing constitutional trials if the acting president lacks the authority to make such nominations. This decision underscores the critical importance of maintaining judicial integrity and preventing any disruption to the court’s functions. ⚖️

The court also expressed concerns that decisions made by justices appointed under questionable authority could undermine confidence in constitutional adjudication and lead to numerous retrials if the nominations are later deemed invalid. This potential chaos further justified the need for the injunction.

Looking Ahead:

The Constitutional Court’s decision sets the stage for a potentially prolonged period of uncertainty. The court must now expedite its review of the core constitutional complaint or await the inauguration of a new president who can make new nominations. In the meantime, the Constitutional Court will operate with a reduced number of justices, which could affect the pace and outcome of significant constitutional cases. ⏳

Stay tuned for more updates as this story develops! 📰

For readers unfamiliar with the Korean political system: In South Korea, when the president is unable to fulfill their duties, an acting president (대통령 권한대행, Daetongnyeoong Gweonhan Daegyeong) takes over, typically the prime minister. However, there can be legal debates about the scope of the acting president’s powers.