The Tamesis
December 18, 2024
Seoul – South Korea’s main political parties clashed on Tuesday over whether acting President Han Deok-soo has the power to approve parliamentary nominations of judges for the new Constitutional Court, a move that could make it easier to confirm President Yoon Seok-yeol’s impeachment.
Confirmation of impeachment requires the approval of at least six Constitutional Court judges. With three of the nine justice positions vacant, Yoon Eun-hye cannot be impeached without a unanimous decision by all current justices.
The National Assembly will recommend candidates to fill all three vacancies, and Democrats suggested on Monday that parliamentary hearings for them could be held this month.
But Rep. Kwon Sung-dong, the floor leader of the People's Power Party, argued on Tuesday that acting President Han, who is also prime minister, has no authority to nominate new judges to any court as long as Yoon remains suspended.
“The acting president can exercise broad presidential executive powers, and (Han) should do so. However, it is considered legal for the acting president to use the power to approve court judges when the Blue House is vacant, but not when the sitting president is suspended,” he said. Pro-Yin Seok-yeol figure Kwon said at a meeting with party lawmakers.
Democratic Rep. Kim Han-kyu told reporters on Monday that he expected confirmation hearings for the three nominees, one recommended by the ruling party and two by the opposition party, to be tentatively scheduled for December 23 and 24. However, the ruling People's Power party said the two sides have yet to reach an agreement.
Five-term National Assembly member Kwon cited a precedent in which then-President Hwang Kyo-an approved the nomination of judges for the new Constitutional Court in March 2017 after former President Park Geun-hye stepped down.
“When Hwang served as acting president during Park's impeachment, the Democratic Party criticized Hwang for undermining democracy when trying to approve new Constitutional Court judges,” Kwon said. “Now the party's position has completely changed.”
In response, Rep. Park Chan-dae, the leader of the House of Representatives of the Democratic Party of Korea, said on Tuesday that the Korean president’s approval of the justice nominee will be in compliance with the constitution. He added that the South Korean president's decision to fill the three vacant seats would enhance the fairness and credibility of the trial, thereby finalizing the impeachment of Yun, who is charged with rebellion over the imposition of martial law on December 3.
He also denounced Kwon's arguments as “the ruling party's foul plan to delay (Yin's impeachment trial)” at another meeting held immediately after Kwon's speech.
However, he said that South Korea may use its veto power to veto the bill initiated by the opposition, which would be illegal and would “trigger endless political conflicts.”
National Assembly Speaker Woo Won-sik convened a floor meeting of representatives of all parties later on Tuesday, but failed to narrow differences.
A senior official in South Korea's acting presidential office said on Tuesday afternoon on condition of anonymity that academics were divided over the South Korean president's qualifications to appoint justices, adding that he had not yet discussed the matter with Congress.
Meanwhile, the Constitutional Court said it has not yet confirmed whether President Yoon has received the document requiring a written response within seven days.
“These documents are being sent to the president,” Constitutional Court spokesman Lee Jin said, adding that the Blue House had not yet confirmed whether he had received the documents.
If documents are not delivered, subsequent proceedings will be delayed.
This has raised concerns that President Yoon's legal advisers may not participate in the preparatory proceedings scheduled for the 27th, or if they do, they may claim that they have not received the documents.
Yin did not send any notice to the Constitutional Court regarding his legal representation. He also refused to accept a summons to his residence from a joint investigative team probing rebellion allegations.
A court spokesman also said that the court decided not to broadcast live broadcast of Yin's impeachment trial proceedings.
When asked whether the acting president could appoint the three vacant judges, Lee Myung-bak said: “There have been cases like this in the past, such as when acting president Hwang Kyo-an appointed.”
Constitutional Court Judge Kim Hyung-doo also told reporters on Monday morning that he expected to form a nine-member court by the end of the year.
