'Korea Acting President's Constitutional Court Justice Nominee' Ma Eun-hyeok Assigned as Presiding Judge for Constitutional Complaints and Injunction Cases

It has been reported that Ma Eun-hyuk, a Constitutional Court justice, is presiding over the constitutional complaint and provisional injunction cases related to Prime Minister and Acting President Han Deok-su's nomination of two Constitutional Court justice candidates, a power normally reserved for the president.

Ma Eun-hyuk, Justice of the Constitutional Court, is delivering his inaugural address at the inauguration ceremony held at the Constitutional Court in Jongno-gu, Seoul on the 9th. April 9, 2025. Photo by Kang Jin-hyung

On the 10th, the Constitutional Court reportedly assigned five related cases to Justice Ma through a random electronic allocation system. Justice Ma was inaugurated on the 9th. Since Acting Chief Justice Moon Hyung-bae and Justice Lee Mi-seon will retire on the 18th, there is a possibility that the provisional injunction cases will be decided sometime next week. The quorum for injunction cases is five justices.

On the 8th, Acting President Han appointed Justice Ma and nominated Lee Wan-gyu, head of the Legislative Office, and Ham Sang-hoon, chief judge of the Seoul High Court, as successors to Acting Chief Justice Moon and Justice Lee. This was an active exercise of authority to nominate two Constitutional Court justices, a presidential prerogative, following the impeachment of former President Yoon Seok-yeol.

Following Acting President Han’s proactive exercise of authority, constitutional complaints and injunctions were filed in succession. Attorney Kim Jeong-hwan of law firm Dodam, the Lawyers for a Democratic Society, and law firm Deoksu promptly submitted constitutional complaints and provisional injunction applications. Attorney Kim stated, "If Acting President Han’s appointment actions are judged unconstitutional or invalid, all related proceedings will be nullified, forcing the applicants to undergo the process again or enter retrial procedures." The Deoksu side argued, "The acting president cannot exercise the president’s authority to nominate justices," claiming that the right of citizens to a fair trial is being infringed.

If the provisional injunction application is granted, the effect of Acting President Han’s nominations may be suspended until the main constitutional complaint is adjudicated.

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