Home > National > Politics

Assembly passes legal revision to bar acting president from nominating Constitutional Court justices

Published: 17 Apr. 2025, 18:15 Updated: 17 Apr. 2025, 19:12

Lawmakers vote on a revision to the Constitutional Court Act during a plenary session at the National Assembly in Seoul on April 17. [YONHAP]

The National Assembly passed a revision to the Constitutional Court Act on Thursday that bars an acting president from nominating Constitutional Court justices. The revision, led by the Democratic Party (DP), also includes a provision allowing current justices to remain on the bench for extended periods until successors are appointed.

The amendment was approved during a plenary session of the Assembly, with 188 lawmakers voting in favor and 106 against out of 294 members present.

According to the revision, if the president is absent from office — due to an accident, resignation, suspension or other circumstances — the acting president cannot nominate any of the three justices, as it would be exercising presidential appointment powers. Instead, the acting president will be limited to appointing only the three justices selected by the National Assembly and another three by the chief justice of the Supreme Court.

The bill also stipulates that nominees selected by the Assembly or designated by the chief justice must be formally appointed by the president within seven days. If no action is taken within that period, the appointment is automatically deemed effective.

In addition, if a justice’s term expires or they reach the mandatory retirement age but a successor has not been appointed, the justice may continue serving until a replacement is named.

The legislation was initially pushed through the Legislation and Judiciary Committee with support from the DP and the Rebuilding Korea Party, despite objections from the People Power Party (PPP).

The revision was proposed by the DP to halt acting President and Prime Minister Han Duck-soo’s nomination of Lee Wan-kyu, head of the Ministry of Government Legislation, and Ham Sang-hoon, a senior judge at the Seoul High Court, as Constitutional Court justices in replacement of Justices Moon Hyung-bae and Lee Mi-sun, who are set to retire Friday.

However, on Wednesday, the Constitutional Court had already issued a separate injunction suspending Han’s nominations, effectively halting the appointments regardless of the new law.

Senior Democratic Party official Kim Min-seok stages a solo protest and holds a press conference in front of the Government Complex Seoul in Jongno District, central Seoul, on April 17, calling on acting President and Prime Minister Han Duck-soo to refrain from engaging in negotiations over U.S. tariff measures. [YONHAP]

Following the court’s decision, the DP intensified its criticism of Han, asserting that the acting president “must grovel for forgiveness.” During a policy coordination meeting on Thursday morning, Park Chan-dae, acting leader of the DP, said Han “had no authority from the outset to nominate justices on behalf of the president, and yet pressed forward, insulting both the Constitution and the public.” Park called on Han to withdraw the nominations and “prostrate himself before the people for committing an unconstitutional act.”

He further accused Han of abusing his power as a caretaker leader, stating, “A prime minister entrusted with the fair management of the presidential election is instead spreading rumors of his own candidacy, violating political neutrality. This is a betrayal of both the people and history.”

Senior DP official Kim Min-seok staged a solo protest in front of the Government Complex in central Seoul, saying Han is “preoccupied with personal ambition instead of safeguarding the integrity of the election and transitional governance.” He criticized Han’s actions as “a new strain of delusion” and “a severe case of presidential ambition from an old man’s vanity.”

The DP also opened a new front by criticizing Han’s recent diplomatic activity with the United States. Senior DP official Kim accused Han of “leveraging national interests for personal political gains” and using his phone call with U.S. President Donald Trump for “media manipulation.” DP Rep. Lim Kwang-hyun said Han’s call with Trump “had no meaningful impact on removing Korea from the U.S. sensitive countries list.”

Acting President and Prime Minister Han Duck-soo visits the Kia AutoLand Gwangju plant on April 15. [YONHAP]

Still, some in the DP were cautious about outright rejecting Han’s trade negotiation efforts. Kim Young-jin, a DP lawmaker and senior strategist for the presidential contender Lee Jae-myung, said on CBS Radio on Wednesday that “now is the time to carefully coordinate trade agreements.”

“The Korea-U.S. FTA should be maintained in line with our longstanding diplomatic principles,” he said. However, he also stressed that “major decisions should be left to the next administration selected by the people.”

Another DP Rep., Chai Hyun-il, echoed the sentiment in a Facebook post, warning against “falling in step with the pace of the United States” and calling for negotiations to remain at a “preliminary discussion level.”

One member of the Assembly’s Foreign Affairs and Unification Committee cautioned in a phone interview that “if the DP gives the impression that it opposes all trade responses, it could raise doubts about the party’s diplomatic competence. Excessive attacks could inadvertently highlight Han’s trade expertise.”

Lee Jae-myung, ex-leader of the Democratic Party, watches a public address by acting President Han Duck-soo during a Supreme Council meeting at the National Assembly in Yeouido, western Seoul, on April 9. In the address, Han stated that exercising presidential authority requires bipartisan agreement. [NEWS1]

Calls within the DP to pursue a second impeachment of Han have also subsided. DP Rep. Jung Sung-ho, who had previously been an open advocate for Han’s impeachment, said on CBS Radio on Thursday that “with the Constitutional Court granting the injunction [for barring the justice nominations], there’s no need to destabilize the public by pushing impeachment as well. It would be better to hold off for now.”

However, some party leaders suggested keeping impeachment on the table as a potential political tool if Han eventually decides to run in the next presidential election.

“Another plenary session is scheduled next week to deal with the supplementary budget. Impeachment remains a live option,” DP senior spokesperson Cho Seung-rae told the JoongAng Ilbo on Wednesday. He likened the uncertainty to Schrödinger’s cat, adding, “It’s a card we may or may not play, depending on how the situation evolves.”

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

BY CHO MUN-GYU, KIM JEONG-JAE [[email protected]]