Ruling Party First-Term Lawmakers Hold Forum on 'Presidential Acting Power to Appoint Judges'
The Fifth Study Group of First-Term Lawmakers
Strengthening the Argument Against Appointments
Veto of Special Prosecutor Law 'Constitutionally Compatible'
On the 23rd, first-term lawmakers of the People Power Party held a forum on the scope of authority of the acting president, including the appointment power of Constitutional Court justices. Amid fierce disputes between the ruling and opposition parties over whether the acting president can appoint the three Constitutional Court justices allocated to the National Assembly, the first-term lawmakers stepped up to support the argument against the acting president’s appointment authority.
Article 111 of the Constitution stipulates that among the nine justices of the Constitutional Court, three are elected by the National Assembly, three are nominated by the Chief Justice of the Supreme Court, and all are appointed by the president. While the opposition party argues that the president must appoint the justices recommended by the National Assembly, the People Power Party contends that the acting president cannot appoint Constitutional Court justices during a suspension of presidential duties, rather than a vacancy.
On the same day, Kwon Seong-dong, acting party leader and floor leader of the People Power Party, attended a study session for first-term lawmakers titled “Debate on Article 111 of the Constitution and Issues in the Constitutional Court Impeachment Trial Procedure” held at the National Assembly. He stated, “It is our firm belief that the acting president cannot appoint Constitutional Court justices during a suspension of presidential duties,” emphasizing, “The National Assembly passed the impeachment motion against the president and sent it to the Constitutional Court. Appointing three justices after that contradicts the fundamental principle of separating impeachment prosecution and trial.”
Jisung Woo, president of the Korean Constitutional Law Association and the presenter at the forum, interpreted that the acting president can only perform maintenance and status quo acts, and thus does not have the authority to appoint Constitutional Court justices, Supreme Court justices, or minister-level officials, but can exercise veto power over bills such as the Special Prosecutor Act.
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President Ji argued, “The appointment of Constitutional Court justices elected by the National Assembly or nominated by the Chief Justice of the Supreme Court should be regarded as a discretionary act. Since the appointment of Constitutional Court justices by the acting president constitutes a change in the status quo, it should not be exercised during a presidential suspension, but it is reasonable to allow it in cases of presidential vacancy such as death or impeachment.” He further emphasized that the acting president should exercise veto power over the “Kim Geon-hee Special Prosecutor Act” and the “Special Prosecutor Act on Internal Rebellion.” President Ji stated, “It is constitutionally appropriate for the acting president to exercise veto power over laws such as the Special Prosecutor Act that significantly alter political, economic, and social conditions.”
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