The Constitutional Court on Wednesday suspended the effect of acting President Han Duck-soo’s nomination of two Constitutional Court justice candidates.
Wednesday's court decision came after Han's appointment on April 8 of two new judges: Minister of Government Legislation Lee Wan-kyu and senior judge Ham Sang-hoon. They were to replace two outgoing justices -- acting Chief Justice Moon Hyung-bae and Justice Lee Mi-son -- who are due to retire Friday.
Attorney Kim Jung-hwan filed the injunction with the Constitutional Court challenging the legality of Han’s authority to make such nominations while serving in an acting capacity.
The suspension will remain in effect until the Constitutional Court delivers a ruling on Kim’s petition, which seeks a formal judgment on the constitutionality of the acting president exercising such powers of appointment.
Han's office said in a statement it would respect the Constitutional Court's decision and await the final court decision.
The liberal Democratic Party of Korea, as well as National Assembly Speaker Rep. Woo Won-shik of the same party, have claimed that Han's appointment should be nullified and that Moon and Lee's replacements should be appointed by an elected leader. South Korea holds an early presidential election on June 3.
In South Korea, the nine-member bench of the Constitutional Court comprises three judges appointed by the president, three recommended by the chief justice of the Supreme Court and three selected by the National Assembly, under the principle of tripartite separation of powers. They each serve a six-year term.
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