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[Editorial] Constitutionality of Acting Prime Minister: Should Be Resolved

[Editorial] Constitutionality of Acting Prime Minister: Should Be Resolved

Posted July. 16, 2002 22:37,   

한국어

No clause in our Constitution provides the word “acting prime minister.” The Grand National Party (GNP) pointed out the unconstitutionality of acting prime minister. It may have been motivated by partisanship, but we have to clearly resolve the dispute over acting prime minister this time.

The Constitution provides, in relevant part, “The Prime Minister shall be appointed by the President with the approval of the Congress” (Article 86, Section 1) and “ministers shall be appointed by the President upon Prime Minister’s recommendations (Art. 87, Sec. 1). The provisions are to reflect the opinion of the general public and check the power of the president, which may go unchecked and abused.

President Kim himself argued, as leader of an opposing party, against Kang Yong-hoon’s and Chong Won-shik’s acting as prime minister during the Noh administration. He pointed out the unconstitutionality of the system of acting prime minister. Kim Young-sam administration had not appointed anybody as acting prime minister in an effort not to raise constitutionality issues. With all these precedents, Kim appointed again Chang as acting prime minister. Previously, Kim Tae Jung did the same regarding Kim Jong-pil. It’s a real irony. Being a precedent does not mean that it is right.

In addition, the former prime minister, Lee Han-dong appointed new ministers in the name of recommendation, just before he stepped down. It is also totally against the Constitution. It has to be overhauled that a prime minister rubber-stamps all of the candidates listed by the Blue House. This superficial loyalty to the Constitution should no longer exist. Moreover, it is truly absurd to appoint ministers without informing the prime minister who has to work with them.

Prime Minister Chang should have remained a prime minister-selected without taking office. This is the first case where the Act of Appointment Hearing is applied. Politicians should resolve all the issues in regards with the acting prime minister system. They should not connect this matter to this particular, individual case of acting Prime Minister Chang. If necessary, legal measures shall be introduced. Without clearing up the old dirt, they could not paint new.