South Korean parties clash over justice appointments for Yoon trial


The appointment of new Constitutional Court justices could lower the threshold for President Yoon Suk Yeol’s impeachment to be confirmed. - PHOTO: Reuters

SEOUL (The Korea Herald/ANN): South Korea’s main parties clashed on Dec 17 over whether Acting President Han Duck-soo possesses the authority to approve National Assembly nominations for new Constitutional Court justices, a move that could make it easier to confirm President Yoon Suk Yeol’s impeachment.

An incumbent president’s impeachment needs the approval of at least six justices at the Constitutional Court.

With three of the nine justice positions vacant, Mr 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 on Dec 16 that parliamentary hearings could be held for them in December.

But the ruling People Power Party’s floor leader, Representative Kweon Seong-dong, argued on Dec 17 that Acting President Han, who doubles as the prime minister, does not have the power to nominate new judges to any court as long as Mr Yoon remains suspended from his position.

“The acting president may exercise a wide range of presidential executive powers and (Mr 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.

Representative Kim Han-kyu of the Democratic Party told reporters on Dec 16 that 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 to 24.

The ruling party, however, denied that claim, saying no agreement between the parties has been reached.

Kweon, a five-term lawmaker, cited a precedent in which Hwang Kyo-ahn, then 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 criticised Mr 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.”

The main opposition party countered Kweon’s remarks.

The Democratic Party’s floor leader, Representative Park Chan-dae, on Dec 17 said Mr 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 finalise the impeachment of Mr Yoon, accused of insurrection through his Dec 3 imposition of martial law, he said.

He also condemned Kweon’s argument as a “foul scheme by the ruling party to delay (Mr 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 endless political conflict.

National Assembly Speaker, Representative Woo Won-shik, later on Dec 17 convened a meeting of the floor leaders of the parties, but the leaders failed to narrow their differences.

A senior official of Acting President Han’s office said on condition of anonymity on Dec 17 that academic pundits have mixed views on his eligibility to make justice appointments, adding that he has not discussed with the National Assembly concerning the matter.

The Constitutional Court said it had yet to confirm whether Mr 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, spokeswoman for the Constitutional Court, adding that the presidential office has not confirmed whether he has received it.

If the documents are not delivered, there will be delays in subsequent proceedings.

This raises concerns that Yoon’s legal counsel may not attend the preparatory procedures scheduled for Dec 27, or may claim, if they do attend, that they did not receive the documents.

Mr Yoon has not 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 spokeswoman also said the court has decided not to live-stream 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 told reporters on the morning of Dec 16 that he expected the formation of a nine-member court before the end of the year. - THE KOREA HERALD/ASIA NEWS NETWORK

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