Supreme Court "Appointment of Acting President as Supreme Court Justice, It's not a violation of the Constitution."

2024.12.25. PM 8:59
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The Supreme Court said that even if acting President Han Deok-soo appoints a new Supreme Court justice, it is not against the Constitution.

The Supreme Court responded to a question from the Democratic Party's Rep. Baek Hye-ryeon's office asking if the acting president has the right to appoint a Supreme Court justice candidate with the consent of the National Assembly.

The Supreme Court emphasized that the president will finally appoint the Supreme Court justice, but that the judiciary and the legislature have a check mechanism, such as the recommendation of the Chief Justice and the consent of the National Assembly.

He then explained that if the president requested a confirmation hearing and went through the National Assembly's consent after the Chief Justice of the Supreme Court recommended a Supreme Court nominee before the president's impeachment decision, it does not seem to violate constitutional principles such as the separation of powers.

As the process of proposing the appointment of Ma Yong-joo, the new Supreme Court justice candidate, was carried out before the 14th, when the impeachment bill of President Yoon was voted on, it suggested that there would be no problem even if Han appointed a new Supreme Court justice.

This draws attention at a time when the ruling and opposition parties disagree over whether Han can appoint a constitutional judge, and the Constitutional Court earlier said there is no problem if Han appoints a new constitutional judge.

With Supreme Court Justice Sand (27th) Kim Sang-hwan set to retire, candidate Ma Yong-joo's confirmation hearing will be held tomorrow (26th).




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