Constitutional Court accepts injunction against acting President Han’s nomination of court justices

The Constitutional Court on Wednesday unanimously accepted an injunction suspending acting President Han Duck-soo’s recent nominations of two Constitutional Court justices.

The decision comes just eight days after Han nominated two judges — Lee Wan-kyu, minister of government legislation, and Ham Sang-hun, a justice of the Seoul High Court — to replace two retiring ones.

In its ruling, the court said it cannot definitively conclude that a prime minister acting on behalf of the president has the authority to nominate and appoint Constitutional Court judges.

It also noted that if the injunction were denied and a petition for constitutional review is later accepted after the justices have already been appointed, it would lead to confusion, including questions over the validity of Constitutional Court rulings.

Han’s nomination of the two judges has sparked controversy in the legal community, with some experts criticizing it as an overreach of authority.

Following the National Assembly’s vote to impeach former President Yoon Suk Yeol over his short-lived martial law bid in December, Han assumed the role of acting president before he himself was impeached a few days later.

In March, the Constitutional Court overturned Han’s impeachment, reinstating him as acting president.

The suspension of the nomination will remain in effect until the court rules on a petition that will determine whether an acting president holds the authority to appoint Constitutional Court justices.