Han Duck-soo's Acting Administration Exercises Veto on Constitutional Court Law Amendment

Han Duck-soo, the Acting Prime Minister of the Republic of Korea, exercised the right to request reconsideration (veto) on the "Constitutional Court Law Amendment," which restricts the Acting President's authority to appoint Constitutional Court judges, on the 29th.

During a Cabinet meeting held at the Government Seoul Building, Han stated, "This amendment law stipulates important matters related to the governance structure and separation of powers as defined by the Constitution, containing elements that contradict the current Constitution," and added, "The government determined that a request for reconsideration was unavoidable."

Han pointed out three issues with the amendment. First, he noted, "The Constitution does not impose any separate restrictions on the scope of the Acting President's duties," emphasizing that "this amendment seeks to limit the scope of the Acting President’s duties through law by allowing the appointment of Constitutional Court judges only from three members elected by the National Assembly and three nominated by the Chief Justice, which is not authorized in the Constitution."

Furthermore, he stated, "Article 112, Clause 1 of the Constitution clearly stipulates the term of Constitutional Court judges as six years," and explained, "The amendment contradicts the constitutional spirit that specifies the terms of Constitutional Court judges by allowing judges whose terms have expired to continue performing their duties until successors are appointed."

Lastly, he highlighted, "The provision that considers judges elected by the National Assembly or nominated by the Chief Justice as appointed if not done within seven days poses a significant risk of undermining the President's appointment authority under the Constitution and contravenes the separation of powers."

This Constitutional Court Law amendment was prepared following the controversy over unconstitutionality that arose after Han appointed two Constitutional Court judges, representing the President’s quota, on the 8th after the impeachment of former President Yoon.

While the ruling party holds the position that the Acting President can exercise all presidential powers, the opposition party argues that the appointment authority of the Acting President for Constitutional Court judges should be limited, deepening the conflict between the two parties.

With Han's exercise of veto, the bill will return to the National Assembly. For the National Assembly to re-vote, a majority of the members must be present, and two-thirds of those present must approve it.

Meanwhile, with this veto, Han has now exercised veto power a total of eight times, inviting criticism primarily from the ruling party.

Image Credit: Han Duck-soo, the Acting Prime Minister of the Republic of Korea, speaks at the 19th Cabinet meeting held at the Government Seoul Building on the 29th. / News1 (Provided by the Prime Minister's Office), Han Duck-soo, Acting Prime Minister of the Republic of Korea / News1