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Rival parties wrestle over Constitutional Court nominations as Yoon impeachment trial looms

Published: 17 Dec. 2024, 17:51 Updated: 17 Dec. 2024, 19:03

LEE SOO-JUNG
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National Assembly Speaker Woo Won-shik, center, moderates a meeting with conservative People Power Party floor leader Kweon Seong-dong, left, and liberal Democratic Party floor leader Park Chan-dae at the National Assembly in Yeouido, western Seoul, on Dec. 17. [JOINT PRESS CORPS]

The ruling and opposition parties on Tuesday battled over parliamentary rights to appoint justices to the Constitutional Court as both sides jockeyed for an advantageous position in President Yoon Suk Yeol's upcoming impeachment trial.

While the conservative People Power Party (PPP), aligned with Yoon, said the acting president and prime minister could not appoint justices until the court rules on Yoon’s impeachment, the liberal Democratic Party (DP) is pushing for the swift appointment of judges for three vacant seats.

On Tuesday morning, PPP floor leader Rep. Kweon Seong-dong said Prime Minister Han Duck-soo could not appoint Constitutional Court justices because the president's seat was not vacant.

Kweon said the prime minister should wait until the court either overturns or upholds Yoon’s impeachment, noting Yoon’s current suspension from his duties was not equivalent to a vacancy. He pointed to a 2017 case when then-acting President and Prime Minister Hwang Kyo-ahn appointed Constitutional Court Justice Lee Seon-ae after the court upheld the impeachment of former President Park Geun-hye.

The Constitutional Court Act requires at least seven justices to review impeachment cases and six to uphold a parliamentary impeachment. Currently, three seats — which should be recommended by parliament and appointed by the president — remain vacant, leaving just six active justices in the court.

Liberal Democratic Party floor leader Park Chan-dae, center, speaks during a floor leadership meeting convened at the National Assembly in western Seoul on Dec. 17. [YONHAP]

The DP likened Kweon’s remarks to a “ridiculous trick intended to delay the ruling.”

DP floor leader Park Chan-dae said his party would swiftly nominate and begin appointment procedures for three Constitutional Court justices.

During a DP floor leadership meeting earlier in the day, Park said it was "righteous" for the Constitutional Court to have nine justices to ensure the fairness and credibility of the impeachment process.

Rep. Yoon Jong-kun, spokesperson of the DP, also said, “The party will [unilaterally] form a special committee at 10 a.m. Wednesday and conduct a confirmation hearing if the PPP refuses to participate in the committee.”

The DP has recommended justices Jeong Gye-son and Ma Eun-hyeok from Seoul Western District Court, and the PPP has put forward attorney Jo Han-chang, a former presiding judge at the Seoul High Court.

For a single party to recommend two candidates for the Constitutional Court is unusual. In the past, each party customarily recommended one candidate each and the remaining one through bipartisan agreement.

Conservative People Power Party floor leader Rep. Kweon Seong-dong speaks during a floor leadership meeting convened at the National Assembly in western Seoul on Dec. 17. [NEWS1]

On Tuesday afternoon, the rival parties continued to clash over justice nominations during a meeting between the National Assembly speaker and floor leaders.

The two leaders argued over the right to appoint Constitutional Court justices and the acting president's authority to exercise veto power.

DP floor leader Park said the PPP should not ask the prime minister to veto recently passed DP-led bills when the party opposes the prime minister's "passive" approval in appointing justices. Park also suggested the rapid launch of a special probe committee to investigate Yoon's insurrection, calling it the only way for the PPP to "wash away its crimes before the public."

The PPP's Kweon expressed regret over Park's proposal, criticizing it as "too political."

Later, the PPP decided not to partake in the confirmation hearing — scheduled to be held on Dec. 23 and 24 — which was proposed by the DP.

Lee Jin, spokesperson of the Constitutional Court, speaks during a briefing in central Seoul on Dec. 17. [NEWS1]

While the two rival parties wrestle to form a judiciary panel favorable to their side, the Constitutional Court’s judiciary division is discussing whether six justices could deliberate and rule on Yoon’s impeachment, according to Lee Jin, a spokesperson of the court, during a briefing on Tuesday.

Kim Jung-won, secretary general of the Constitutional Court, said Tuesday that reviewing the case with six justices would present no legal problems as the provision requiring more than seven justices for impeachment cases has been suspended from October as the request of the impeached chief of Korea Communications Commission, Lee Jin-sook. Kim said the court's judiciary division believes the suspension applies to all impeachment cases, including Yoon's.

When asked whether acting President Han Duck-soo is eligible to appoint three justices to the Court, Lee said she is “aware of the previous case where then-acting President Hwang Kyo-ahn appointed” justice.

The briefing on Tuesday also confirmed that President Yoon has not yet received the parliamentary impeachment resolution sent by the Constitutional Court a day earlier. The court sent the resolution via three channels: delivery by a courier, daily express postal service and an online platform for judicial documents.

Lee said the Yoon’s office "has not officially confirmed its receipt, although the resolution was delivered to an administrative official from the presidential office."

On Monday, the court ordered Yoon to send his responses — mainly his defense and rationale for declaring martial law — to the impeachment resolution within seven days of receiving the resolution. However, the reception delay will likely postpone the deadline for Yoon to submit his response.

The Constitutional Court also decided not to live-broadcast Yoon’s impeachment trial proceedings. A recorded video will be provided later instead.

Update, Dec. 17: Added details about meeting between parliamentary speaker and floor leaders.

BY LEE SOO-JUNG [[email protected]]