Acting President Han vetoes Assembly's bill on Constitutional Court appointments

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Acting President Han vetoes Assembly's bill on Constitutional Court appointments

Published: 29 Apr. 2025, 11:18

Audio report: written by reporters, read by AI

Acting President and Prime Minister Han Duck-soo speaks during a Cabinet meeting held at the government complex in Jongno District, central Seoul, on April 29. [JOINT PRESS CORPS]

Acting President Han Duck-soo vetoed the National Assembly's bill to stop him from appointing a Constitutional Court Justice on Tuesday.

Han exercised the right to request a reconsideration — effectively a veto — of a bill that prohibits an acting president from nominating Constitutional Court justices. The motion took place during a Cabinet meeting at the government complex in Seoul held by the acting president.

"This amendment addresses important matters concerning the constitutional structure and the basis of the separation of powers, and contains provisions that conflict with the current Constitution,” Han said during a Cabinet meeting Tuesday. “I judged that requesting a reconsideration was unavoidable."

"According to Article 71 of the Constitution, when the president is unable to perform duties, the prime minister acts on behalf of the president, and the Constitution does not impose any separate restrictions on the acting president’s scope of authority,” he said.

"Nevertheless, this amendment seeks to restrict the acting president’s duties by law, limiting the acting president to appoint only the three justices elected by the National Assembly and the three designated by the chief justice of the Supreme Court, despite the Constitution imposing no such restrictions,” Han continued.

The amendment to the Constitutional Court Act passed the National Assembly plenary session on April 17, led by the Democratic Party (DP). Out of 294 lawmakers present, 188 voted in favor and 106 opposed.

Acting President and Prime Minister Han Duck-soo pledges allegiance to the Korean flag before a Cabinet meeting held at the government complex in Jongno District, central Seoul on April 29. [JOINT PRESS CORPS]

Under the amendment, if a situation arises where the presidency is vacant, incapacitated or suspended, the acting president cannot nominate the three justices reserved to be appointed by the president. The acting president would only be able to appoint the three justices elected by the National Assembly and the three designated by the chief justice.

The amendment also stipulates that for justices elected or designated by the National Assembly or the chief justice, the president must appoint them within seven days of election or designation, and if not, they are deemed automatically appointed after seven days.

Furthermore, if a justice’s term expires or a justice reaches the mandatory retirement age, they are to continue performing their duties until a successor is appointed.

Han also pointed out that Article 112, Paragraph 1 of the Constitution clearly states that Constitutional Court justices serve a six-year term, saying, "Allowing justices whose terms have expired to continue performing duties until successors are appointed runs counter to the spirit of the Constitution."

Acting President and Prime Minister Han Duck-soo walks into the Cabinet meeting room at the government complex in Jongno District, central Seoul, on April 29. [JOINT PRESS CORPS]

"The provision that considers justices elected by the National Assembly or designated by the chief justice as automatically appointed if the president does not appoint them within seven days severely undermines the presidential appointment authority under the Constitution and poses a risk of violating the separation of powers,” Han added.

"Taking into account these constitutional issues comprehensively and gathering the opinions of the Cabinet members, I request the National Assembly to reconsider the amendment to the Constitutional Court Act and seek the broad understanding of the public,” he urged.

The bill came after Han announced the nominations of Lee Wan-kyu, head of the Ministry of Government Legislation, and Ham Sang-hoon, a senior judge at the Seoul High Court, to the vacant Constitutional Court justice seats on April 8.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY CHO MUN-GYU [[email protected]]