Constitutional Court and acting president must end political crisis

As the Constitutional Court remains silent on setting a decision date for the impeachment trial of President Yoon Suk Yeol, the political standoff in South Korea has reached a boiling point over the appointment of a new Constitutional Court justice. Democratic Party leader Lee Jae-myung declared that “the current chaos in the Republic of Korea began with Acting President Han Duck-soo and Deputy Prime Minister Choi Sang-mok,” signaling his party’s intent to push forward with a so-called “double impeachment.” In response, People Power Party interim chief Kwon Young-se accused Lee of “attempting to overthrow the government,” filing a criminal complaint against him for incitement to rebellion, and demanded the withdrawal of nominee Ma Eun-hyuk.

This conflict is now spilling into legislative disputes over the terms of Constitutional Court justices. The People Power Party stated that if the Democratic Party proceeds with the impeachment of Acting President Han, it would be willing to negotiate over allowing Han to appoint successors to Acting Chief Justice Moon Hyung-bae and Justice Lee Mi-sun, whose terms expire on the 18th. In response, the Democratic Party submitted to a subcommittee of the National Assembly’s Legislation and Judiciary Committee not only a bill to prohibit an acting president from appointing Constitutional Court justices, but also another bill that would automatically extend the term of a justice upon expiration. If the Constitutional Court fails to issue a ruling and the dispute over Ma’s appointment remains unresolved by the time the two justices retire, now less than three weeks away, our nation could plunge into even greater turmoil.

While the rival parties remain locked in a fierce standoff, each willing to risk a complete paralysis of government, the Constitutional Court and Acting President Han Duck-soo have maintained a troubling silence. At the end of last month, the Court ruled that Deputy Prime Minister Choi’s refusal to appoint Ma was unconstitutional. Also, it declared that Han’s withholding of appointments for three other nominees likewise violated the Constitution. Despite these two rulings, Han has made no public statement more than a week after returning to office, and the Court has yet to announce a ruling date more than 34 days after the final hearing.

Ultimately, it is up to Acting President Han and the Constitutional Court, who hold the keys to Ma’s appointment and the impeachment verdict, to prevent this political impasse from spiraling into chaos. As the last bastion of South Korea’s constitutional order, the court must acknowledge that its inaction is fueling uncertainty and unrest. It must deliver a timely ruling to end the four-month-long turmoil triggered by the December 3 emergency Martial Law. Acting President Han must also recognize his duty to govern responsibly in this leadership vacuum. He must reflect on whether his inaction amounts to political evasion and a dereliction of duty.