Controversy escalates over the appointment of Constitutional Court justices

The People Power Party (PPP) is under fire for attempting to delay the impeachment trial of President Yoon Suk-yeol by challenging the acting president’s authority to appoint Constitutional Court justices. The debate centers on whether Acting President Han Deok-soo can fill vacant seats on the Constitutional Court while the president’s duties are suspended. The PPP contends that appointments should only take place after the Constitutional Court delivers its ruling on the impeachment, insisting that the process proceed with the current six-member bench. On the other hand, the Democratic Party (DP) accuses the PPP of engaging in "pathetic delay tactics" and urges immediate negotiations to schedule confirmation hearings for the vacant positions. The Constitutional Court itself weighed in on the controversy, citing a precedent from 2017, when acting President Hwang Kyo-ahn appointed a Constitutional Court justice following then-President Park Geun-hye's impeachment. This precedent clarifies that an acting president does indeed hold the authority to make such appointments.

On Tuesday, PPP floor leader Kwon Seong-dong argued that “an acting president can appoint Constitutional Court justices only when the presidential office is vacant, but not when the president’s duties are suspended.” Kwon claimed that the impeachment trial must proceed with the current six-member bench, as the acting president lacks the authority to appoint the three justices elected by the National Assembly. Currently, three out of the nine seats on the Constitutional Court remain vacant. The PPP has nominated attorney Cho Han-chang, while the DP has put forward Chief Judge Jeong Gye-seon and Presiding Judge Ma Eun-hyuk of the Seoul Western District Court.

Kwon also accused the DP of hypocrisy, referring to the 2017 impeachment proceedings of Park Geun-hye. He pointed out that at the time, the DP had criticized then-Acting President Hwang Kyo-ahn’s exercise of appointment powers as undermining democracy.

In response, DP floor leader Park Chan-dae rejected the PPP’s argument, emphasizing that the vacancies on the Constitutional Court are filled based on the recommendations of the National Assembly, while the president—or acting president—only finalizes the appointments. “It is nonsense to claim that an acting president cannot sign the appointment letters for justices approved by the National Assembly,” Park said, adding that the role is purely procedural.

The DP has also warned that if the PPP continues to refuse negotiations over the confirmation hearing schedule, it will move to replace the chair of the special personnel committee, currently held by PPP lawmaker Jeong Jeom-shik, with one of its own members. Park underscored, “To ensure fairness and trust in the impeachment trial, it is essential to proceed with a full nine-member bench of the Constitutional Court.”


Jun-Il Kim jikim@donga.com