Controversy over the Nomination of Two Constitutional Court Justices by the Acting President…Candidate Verification

Amidst the controversy over the nomination of constitutional justices by Acting President and Prime Minister Han Duck-soo, interest in the two candidates is also rising.

On the 8th, Acting President Han nominated Lee Wan-kyu, the Minister of Legislation, and Ham Sang-hoon, the Chief Judge of the Seoul High Court, as successors to the constitutional justices Moon Hyung-bae and Lee Mi-sun, whose terms expire on the 18th.

With the constitutional controversy surrounding the appointment of the 'presidential quota' by the Acting President, scrutiny of the two candidates continues.

Notably, candidate Lee Wan-kyu has been a key member of former President Yoon Suk-yeol's inner circle and is under police investigation as a suspect related to a state of emergency, sparking criticism primarily from opposition parties.

Candidate Ham Sang-hoon has come under scrutiny due to past judgments.

The controversy surrounding Judge Ham stems from a ruling made during his tenure at the Gwangju High Court in 2017, which deemed the dismissal of a bus driver who embezzled 2,400 won to be justified.

Bus driver wins first trial over 2,400 won embezzlement dismissal… overturned in appeal

According to the legal community, the bus driver, Mr. Lee, was fired for failing to remit the 2,400 won he collected from four passengers during a bus trip from Jeonju to Seoul in January 2014.

Mr. Lee won his lawsuit for the invalidation of his dismissal in the first trial, but candidate Ham reversed this in the appeal, rejecting Mr. Lee's claim.

The first trial court acknowledged that Mr. Lee's actions constituted grounds for dismissal according to the collective agreement regarding embezzlement of transportation revenue, yet recognized that there had been no similar issues in his 17 years of service and that the embezzled amount was minimal, concluding that the dismissal was an excessive measure.

Additionally, the court pointed out the issue of fairness in penalties, as another driver who embezzled 800 won on three occasions received a suspension.

However, the appeals court led by candidate Ham determined that the fare is the absolute source of revenue for the bus company, and considering the nature of the fare, the embezzlement amount could only be minimal. Thus, it ruled that the trust relationship had been damaged to an extent that precluded restoration, concluding that the dismissal was justified, stating, "It is a serious reason that makes continuing the employment relationship impossible in terms of social norms."

Candidate Ham also refuted any claims of unfairness in the disciplinary action, indicating that while the other driver admitted his wrongdoing and pleaded for leniency, Mr. Lee displayed a lack of remorse by conducting a one-man protest, concluding that this did not constitute discrimination.

This judgment was confirmed by the Supreme Court in June 2017.

When this ruling was made public, opinions diverged, with some arguing that it was an excessive ruling that did not align with the public's sense of justice, while others maintained that it was a legitimate ruling in accordance with legal principles.

Key Career and Major Rulings of Candidate Ham Sang-hoon

Meanwhile, candidate Ham, originally from Seoul, graduated from Dongguk University’s High School of Law and Seoul National University’s Law School, beginning his judicial career in 1995 as a judge at the Cheongju District Court.

He has served as a Chief Judge at the Seoul Administrative Court, a Senior Chief Judge, and a Chief Judge at both the Seoul and Gwangju High Courts, becoming known as an expert in administrative law and constitutional law.

He also has experience working at the Constitutional Court from 2004 to 2006.

Notable rulings include sentencing former Gyeongnam Governor Kim Kyung-soo to two years in prison in an appeal decision related to public opinion manipulation in 2020, and overturning a first instance ruling to sentence former Senior Secretary Woo Byung-woo to one year in prison in 2021, reducing it from the initial four years.

Image sources: Acting President and Prime Minister Han Duck-soo / News1, Minister of Legislation Lee Wan-kyu / News1, unrelated stock photos / gettyimagesbank, photos = Insight.