Parliament Speaker to Challenge Acting President’s Constitutional Judge Nominations! 😮

South Korea’s National Assembly Speaker, Woo Won-shik, is gearing up to file a權限爭議審判 (gwonhanjaeng’ui simpan), or “competence dispute adjudication,” against Acting President Han Duck-soo. This legal showdown revolves around Han’s nomination of two candidates for the Constitutional Court.

Why the Fuss? 🤔 The core issue is whether an acting president has the authority to nominate Constitutional Court justices. The 국회입법조사처 (Gukhoe Ipbup Josacheo), or National Assembly Research Service, believes it’s a major overreach of power, potentially infringing on the National Assembly’s rights. They argue that only a fully-elected president should make such appointments.

Speaker Woo’s office stated they felt the nomination itself, by someone lacking full authority, significantly infringed upon the National Assembly’s 권한 (gwonhan), or authority. They moved forward after consulting with the National Assembly Research Service.

Expert Opinions Weigh In 👨‍🏫 The National Assembly Research Service has consulted with constitutional scholars and experts, who overwhelmingly view Han’s actions as unconstitutional and unlawful.

Even the Ministry of Government Legislation (법제처 – Beopjecheo), currently headed by Lee Wan-kyu, previously stated in their ‘Constitutional Commentary’ that it’s problematic for a prime minister or cabinet member lacking democratic legitimacy to make new policy decisions, suggesting they should stick to maintaining the status quo.

What’s Next? ⏳ The Constitutional Court is already handling a constitutional complaint and an injunction request related to Han’s nominations. These cases have been assigned to Justice Ma Eun-hyuk.

This legal battle could have significant implications for the balance of power in South Korea. Stay tuned for updates! 📰