“The Constitutional Court is continuing its review to decide whether the appointment of Constitutional Court justice candidates by Acting President and Prime Minister Han Duck-soo is unconstitutional.”
“According to legal circles on the 16th, the Constitutional Court held a judges’ conference in the morning, following the previous day, to discuss the related injunction request. Deliberations are expected to continue in the afternoon.”
“Judges Moon Hyung-bae and Lee Mi-seon’s retirement is scheduled for the 18th. Therefore, it is expected that the Constitutional Court’s decision will be made as early as today or by the 17th at the latest. If the judges fail to reach a consensus, a decision may not be made, and both judges could retire.”
“Previously, on the 8th, Acting President Han nominated Lee Wan-gyu, Director of the Legislative Office, and Ham Sang-hoon, a senior judge at the Seoul High Court, as new Constitutional Court justice candidates. Some in the legal community have raised concerns about whether it is constitutional for an acting president to exercise the nominating power, which is typically the president’s exclusive authority.”
“The Constitutional Court accepted a constitutional complaint filed by Kim Jung-hwan, a lawyer from Law Firm Dodam, along with an injunction on the 9th, and randomly selected Judge Ma Eun-hyuk as the presiding judge. Afterward, the formal trial began on the 11th. Besides Lawyer Kim, several organizations and individuals, including the Lawyers for a Democratic Society (Minbyun), have filed similar constitutional complaints and injunctions, which are under review.”
“Considering the importance of the issue, the Constitutional Court is proceeding more swiftly than usual for a constitutional appeal case. For the injunction to be granted, the approval of at least five judges is necessary. If granted, the nomination act by Acting President Han will be suspended, whereas, if dismissed, the nomination process will remain valid.”