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Acting president’s judicial appointments risk further division

Published: 09 Apr. 2025, 00:00

Constitutional Court justices announce their ruling on President Yoon Suk Yeol's impeachment at the court in Jongno District, central Seoul, on April 4. [JOINT PRESS CORPS]

Acting President Han Duck-soo’s decision to nominate two new Constitutional Court justices has drawn sharp criticism for overstepping the bounds of his interim authority. With the terms of Justices Moon Hyung-bae and Lee Mi-sun set to expire next week, Han named Lee Wan-kyu and Ham Sang-hun as their replacements. He also belatedly appointed Ma Eun-hyuk, a nominee recommended by the National Assembly, after the Constitutional Court ruled that continued delay was unconstitutional.

While maintaining a full bench on the Constitutional Court is essential, Han’s unilateral appointments raise troubling questions. An acting president — who holds office not by election but by constitutional succession — should refrain from exercising powers that are clearly the prerogative of an elected president, especially in matters as sensitive as judicial appointments. Such decisions demand broad political consensus, not executive fiat.

The inconsistency is glaring. Han refused to appoint three National Assembly-recommended justices late last year. His sudden shift toward assertive use of presidential powers, now that the court faces potential involvement in politically charged cases, is difficult to justify.

The nominations themselves have raised eyebrows. Lee Wan-kyu, a close associate of former President Yoon Suk Yeol, was reportedly present at a controversial meeting one day after the Dec. 3 martial law scenario was floated. Though there is no evidence he participated in any illegal planning, placing someone with such political proximity in a lifetime judicial role will do little to ease public distrust.

The Democratic Party has already signaled it may challenge the nominations in court and seek an injunction. National Assembly Speaker Woo Won-shik said he would not accept a request for confirmation hearings. There is even talk of a second impeachment motion against Han.

In the run-up to the June 3 presidential election, and with economic uncertainty deepening amid renewed U.S. trade pressure, Han’s role should be to safeguard institutional stability, not provoke new constitutional disputes. His background in economic policy could serve the country well in a moment of volatility. Instead, his actions risk inflaming political tensions and eroding trust in the judiciary.

Acting President Han Duck-soo speaks at a meeting at the Government Complex Seoul in Jung District, central Seoul, on April 8. [YONHAP]

Han should reconsider these nominations. His constitutional duty is to manage the transition with restraint and neutrality. Anything more risks stepping beyond his mandate—and undermining the very institutions he is meant to protect.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.