December 18, 2024
SEOUL – South Korea’s main parties clashed Tuesday over whether acting President Han Duck-soo possesses the authority to approve Assembly nominations for new Constitutional Court justices, a move that could make it easier to confirm President Yoon Suk Yeol’s impeachment.
Confirming the impeachment requires the approval of at least six Constitutional Court justices. With three of the nine justice positions vacant, Yoon would not be impeached without a unanimous decision by all incumbent justices.
The National Assembly is due to recommend nominees to fill all three vacancies, with the Democratic Party suggesting Monday that parliamentary hearings could be held for them this month.
But People Power Party Floor Leader Rep. Kweon Seong-dong argued Tuesday that the acting President Han, who doubles as the Prime Minister, did not have the power to nominate new judges to any court as long as Yoon remains suspended from his position.
“The acting president may exercise a wide range of presidential executive powers and (Han) is supposed to do so. But an acting president‘s use of the power to approve a court justice is deemed legitimate when the presidential office becomes vacant, not when the incumbent is suspended,” said Kweon, a self-proclaimed pro-Yoon Suk Yeol figure, in a meeting with party lawmakers.
Rep. Kim Han-kyu of the Democratic Party told reporters Monday he expected that a confirmation hearing on three nominees — one recommended by the ruling party and two by the opposition — is tentatively scheduled for Dec. 23-24. The ruling People Power Party, however, said no agreement between the parties has been reached.
Kweon, a five-term lawmaker, cited a precedent in which Hwang Kyo-ahn, then as acting president, approved the nomination of a new Constitutional Court justice in March 2017 after former president Park Geun-hye‘s ouster.
“Back when Hwang was acting president during Park‘s impeachment, the Democratic Party criticized Hwang for undermining democracy by attempting to approve a new Constitutional Court justice,” Kweon said. “Now the party has completely changed from its previous stance.”
In response Democratic Party of Korea’s Floor Leader Rep. Park Chan-dae on Tuesday said Han’s approval of the justice nominees would be in accordance with the Constitution. Han’s decision to fill the three vacant seats would enhance the fairness and trustworthiness of the trial that could finalize the impeachment of Yoon, accused of insurrection through his Dec. 3 imposition of martial law, he added.
He also condemned Kweon‘s argument as a “foul scheme by the ruling party to delay (Yoon’s impeachment trial),” in a separate meeting immediately after Kweon’s remarks.
But he said Han‘s possible exercise of the veto power to strike down opposition-sponsored bills would be illegitimate and would “trigger an endless political conflict.”
National Assembly Speaker Rep. Woo Won-shik later on Tuesday convened a meeting of the floor leaders of the parties, but the leaders failed to narrow down their differences.
A senior official of acting President Han‘s office said on condition of anonymity Tuesday afternoon that academic pundits have mixed views on Han’s eligibility to make justice appointments, adding he has not discussed with the National Assembly concerning the matter.
Meanwhile, the Constitutional Court stated that it had yet to confirm whether President Yoon received documents from the court requesting a written response within seven days.
“The documents are in the process of being delivered to the president,” said Lee Jin, spokesperson for the Constitutional Court, adding that the presidential office has not provided any confirmation as to whether he has received it.
If the documents are not delivered, there will be delays in subsequent proceedings.
This raises concerns that President Yoon’s legal counsel may not attend the preparatory procedures scheduled for the 27th, or may claim, if they do attend, that they didn’t receive the documents.
Yoon hasn’t given any notice of his legal representation to the Constitutional Court. He has similarly refused to receive a summons sent to his residence by the joint investigative unit probing the insurrection charges.
The court spokesperson also said the court has decided not to livestream Yoon’s impeachment trial proceedings.
Asked whether the acting president can appoint justices to the three vacant seats, Lee said, “There have been past instances, such as when acting President Hwang Kyo-ahn made appointments.”
Constitutional Court Justice Kim Hyung-du also told reporters on Monday morning he expected the formation of a nine-member court before the end of the year.