Constitutional Court Reshuffle: Political Tensions Rise with New Appointments ⚖️

The article discusses the appointment of new justices to South Korea’s Constitutional Court and the political fallout that ensued.

Summary:

Acting President and Prime Minister Han Duck-soo has appointed Ma Yong-joo as a Supreme Court Justice and Ma Eun-hyeok as a Constitutional Court Justice. He also nominated Lee Wan-kyu, head of the Ministry of Government Legislation, and Ham Sang-hoon, a senior judge at the Seoul High Court, to succeed Moon Hyung-bae (Acting Chief Justice of the Constitutional Court) and Lee Mi-seon, whose terms are expiring. These appointments are expected to shift the court’s ideological balance and have sparked strong opposition from the Democratic Party and other opposition parties.

Key Points:

• Appointments: Ma Yong-joo appointed as Supreme Court Justice, Ma Eun-hyeok as Constitutional Court Justice.
• Nominations: Lee Wan-kyu and Ham Sang-hoon nominated to replace outgoing justices.
• Political Fallout: Strong opposition expected from the Democratic Party due to concerns over the acting president’s authority to make these appointments and the perceived shift in the court’s ideological leaning.
• Justification: Han Duck-soo cited potential delays in critical national matters and increased public division if the appointments were not made promptly.
• Potential Impact: The reshuffle could lead to significant changes in future constitutional decisions.

Full Article:

Han Duck-soo, Acting President and Prime Minister, appointed Ma Yong-joo as a Supreme Court Justice and Ma Eun-hyeok as a Constitutional Court Justice on the 8th. Simultaneously, he nominated Lee Wan-kyu, head of the Ministry of Government Legislation, and Ham Sang-hoon, a senior judge at the Seoul High Court, to succeed Moon Hyung-bae (Acting Chief Justice of the Constitutional Court) and Lee Mi-seon, whose terms expire on the 18th. This is expected to face strong opposition from the opposition parties, including the Democratic Party.

In a statement to the public, Acting President Han stated, “Ma Yong-joo, who completed the Supreme Court Chief Justice’s nomination and National Assembly approval process, has been appointed as a Supreme Court Justice.” He added, “Regarding the appointment of Constitutional Court Justices, according to the Constitutional Court Act and the Constitutional Court’s rulings, Ma Eun-hyeok has been appointed as a Constitutional Court Justice.”

He further stated, “Lee Wan-kyu, head of the Ministry of Government Legislation, and Ham Sang-hoon, a senior judge at the Seoul High Court, have been nominated to succeed Moon Hyung-bae (Acting Chief Justice of the Constitutional Court) and Lee Mi-seon, whose terms expire in ten days.”

However, this decision by Acting President Han is expected to face considerable criticism. The predecessors of Acting Chief Justice Moon and Justice Lee were appointed by former President Moon Jae-in, and their successors are typically nominated by the president. With the former president impeached and the presidential office vacant, there is debate over whether Acting President Han has the authority to exercise the nomination rights.

Addressing these concerns, Acting President Han explained, “The decision to nominate successors for the retiring justices considers that the impeachment motion against the Deputy Prime Minister for Economy is pending at the National Assembly’s Legislation and Judiciary Committee and could be voted on at any time, and the impeachment trial of the Commissioner General of the National Police Agency is also ongoing.”

He added, “In this situation, if the Constitutional Court faces another vacancy and its decisions are delayed, it would inevitably cause significant disruptions to election management, essential supplementary budget preparation, and responses to trade issues, and there is a great concern that public division will intensify again.”

Acting President Han emphasized, “I hope that the Constitutional Court, with the addition of Justice Ma and the two nominees, will continue to fulfill its inherent mission as the bastion of the constitutional order, as it has done so far.” He also stressed, “The decision I made today is the result of listening to and carefully considering the opinions of numerous people, including members of both parties, legal professionals, journalists, and community elders.”

Lee Wan-kyu, a former prosecutor, began his career at the Seoul Southern District Prosecutors’ Office and served in the Seoul Central District Prosecutors’ Office before becoming the Deputy Chief Prosecutor of the Seoul Northern District Prosecutors’ Office and the head of the Bucheon Branch of the Incheon District Prosecutors’ Office. He later worked as a lawyer before being appointed as the head of the Ministry of Government Legislation in the current administration. He is known to have a close relationship with the former president as they attended the same law school and Judicial Research and Training Institute. The Democratic Party is expected to strongly oppose his appointment.

Ham Sang-hoon, a senior judge at the High Court, began his career at the Cheongju District Court and has served as a constitutional research officer at the Constitutional Court and as the Senior Presiding Judge at the Seoul Administrative Court. He is considered a moderate and sentenced then-Gyeongnam Governor Kim Kyung-soo to two years in prison on November 6, 2020.

With two justices classified as progressive retiring, the Democratic Party is also expected to launch an offensive over the appointment of individuals with moderate and conservative leanings.

Judicial Research and Training Institute (사법연수원): A postgraduate program in South Korea that all prospective judges, prosecutors, and lawyers are required to complete.