Three Constitutional Court Judge Appointments Passed by National Assembly, Acting President Han: “Appointment Deferred Until Bipartisan Agreement”
Opposition-led Impeachment Proposal Submitted Immediately and Voted Today
Speaker Woo: “Han Has No Grounds”… Ruling Party Protest
Acting President Han Duck-soo announced on the afternoon of the 26th at the Seoul Government Complex that the appointment of the Constitutional Court judges would be deferred until a bipartisan agreement is reached. Following his refusal to immediately appoint the three nominees elected by the National Assembly, the Democratic Party submitted an impeachment motion against him, set for a vote on the 27th. Should Han’s duties be suspended, it would be unprecedented in constitutional history for the Deputy Prime Minister to act as “acting for an acting president,” potentially escalating political turmoil.
Prior to the National Assembly’s plenary session on the 27th, the Democratic Party decided in a general meeting to deal with the impeachment motion against Han. As Han announced his deferment decision at around 1:30 PM, the Democratic Party swiftly submitted the impeachment motion to the National Assembly’s agenda department.
In the session, the nomination consent for the Constitutional Court judge candidates, including Ma Eun-hyeok, Jeong Gye-seon, and Jo Han-chang, was passed with overwhelming support from the opposition.
Democratic Party floor leader Park Chan-dae criticized Han, comparing his actions to a coup, arguing that he rejected the appointment of Constitutional Court judges despite having exercised his veto power.
The impeachment motion specifies that Han is to be impeached as Prime Minister, not acting president, citing five impeachment reasons, including refusing to appoint a special prosecutor related to alleged crimes by the president and his spouse, and collaboration in unconstitutional acts.
The Democratic Party plans to file a police complaint against Han for negligence, citing his failure to proceed with the recommendation process for a special counsel. Han has no public schedule on the 27th.
Democratic Party had previously warned Han to appoint the Constitutional Court nominees by the 24th or face impeachment, giving two additional days until the 26th when the consent was processed. Some speculated he might eventually appoint them, but he maintained his stance.
In his national address, Han emphasized the consistent principle embedded in the constitution and laws that acting presidents should refrain from appointing constitutional officers, a task belonging to the president, until a bipartisan consensus is achieved.
The ruling party, People Power Party, opposed the impeachment move, organizing a protest against what they called “Democratic Party’s hostage impeachment threat,” and refused to participate in the plenary vote. However, a few members did attend and some supported the appointments.
The impeachment discussion is heating up, with the Democratic Party advocating for a Prime Minister impeachment vote requiring a majority of 151 seats, while the People Power Party contends that it should be based on presidential criteria, requiring 200 seats, for Han serving as acting president.
The National Assembly’s Legislative Research Office supported the Democratic Party’s view, stating that the impeachment could proceed with a simple majority if the reasons for impeachment arose during Han’s tenure as prime minister. Speaker Woo has indicated that the vote will be conducted based on this perspective, increasing the likelihood of the impeachment passing with a simple majority.
Speaker Woo criticized the delay or refusal in appointing the judges elected by the National Assembly as unjustifiable.
Even if the impeachment passes and Deputy Prime Minister Choi assumes Han’s duties, it remains uncertain whether the judge appointments will proceed. The Democratic Party has pressed that the appointments should be made immediately.