Acting president fills key court vacancies, opposition cries foul

In an unprecedented move on Tuesday, Acting President Han Duck-soo appointed Lee Wan-kyu, Minister of Government Legislation, and Ham Sang-hoon, a presiding justice of the Seoul High Court, as nominees to replace outgoing Constitutional Court justices Moon Hyung-bae and Lee Mi-seon. This power, traditionally exercised exclusively by the sitting president, is especially significant for the country’s highest court.

In a statement, Han announced the appointments of Ham and Lee to the Constitutional Court and formally appointed Justice Ma Eun-hyuk, who had been nominated by the National Assembly. Han also appointed Ma Yong-joo as a Supreme Court justice, following the National Assembly’s approval of his appointment bill on December 27, 2024. Han justified the extraordinary appointments by citing ongoing political turmoil, warning that delays in Constitutional Court rulings—such as those related to impeachment proceedings—could severely hinder critical state affairs, including the upcoming presidential election, supplementary budget preparations, and urgent trade matters.

Han plans to submit the appointment proposals for the two nominees to the National Assembly soon. Under the Confirmation Hearing Act, the National Assembly is required to complete confirmation hearings within 30 days. If the National Assembly fails to adopt a hearing report within that time, the president can proceed with the appointments by default. Upon confirmation of both nominees, the Constitutional Court will finally return to its full nine-justice bench, which has remained incomplete since October 2024.


고도예기자 yea@donga.com