The Supreme Court has confirmed that acting President Han Duck-soo appointing new justices to the nation's top court would not be deemed unconstitutional.
The written answer submitted to Rep. Baek Hye-ryun of the main opposition Democratic Party of Korea comes amid a parliamentary feud over an acting leader's authority on finalizing the appointment for the new justices of the Constitutional Court.
"A Supreme Court justice is ultimately appointed by the president but there are systems to keep (the president) in check, through requiring the chief justice of the Supreme Court to second the motion and the National Assembly to consent," the court said.
It explained that if the processes of the chief justice seconding the motion for a Supreme Court justice nominee, and the president requesting the parliament for a hearing on the nominee had been completed before the National Assembly passed the motion for a president's impeachment, the acting president would have no trouble finalizing the approval for the nominee.
As the Supreme Court explained, the chief justice of the Supreme Court seconded the motion for appointment of Ma Yong-ju -- a candidate for the Supreme Court bench -- on Nov. 26, and President Yoon Suk Yeol requested a hearing for Ma on Dec. 12, two days before his impeachment resolution was passed at the National Assembly. As such, Han would not have issues finalizing the appointment for Ma.
Ma Yong-ju has been nominated by Yoon to replace outgoing judge Kim Sang-hwan at the Supreme Court. He will undergo a hearing at the National Assembly on Thursday.
minsikyoon@heraldcorp.com
