Prime Minister Han ignites political uproar with Constitutional Court picks

Audio report: written by reporters, read by AI

Korea's acting President and Prime Minister Han Duck-soo has sparked a political firestorm by nominating two conservative-leaning jurists to the Constitutional Court. 

Han announced his nomination of Lee Wan-kyu, head of the Ministry of Government Legislation, and Ham Sang-hoon, a senior judge at the Seoul High Court, on Tuesday, to fill two upcoming vacancies on the nine-member bench. Justices Moon Hyung-bae and Lee Mi-sun are set to retire on April 18. 

At the same time, Han formally appointed Justice Ma Eun-hyuk, recommended by the liberal Democratic Party (DP), to the Constitutional Court, and Justice Ma Yong-joo, previously nominated by impeached President Yoon Suk Yeol, to the Supreme Court.  

Han also formally appointed Justice Ma Eun-hyuk to the Constitutional Court and Justice Ma Yong-joo to the Supreme Court. Ma Eun-hyuk was recommended by the liberal Democratic Party (DP) and approved by the National Assembly, while Ma Yong-joo’s nomination had been submitted by the Supreme Court Chief Justice and approved by the legislature.

This marks the first time in Korea’s constitutional history that an acting president has exercised presidential nomination powers for the Constitutional Court. In 2017, during a similar political crisis, acting President Hwang Kyo-ahn refrained from making such nominations after President Park Geun-hye’s impeachment. Justice Lee Seon-ae, appointed during that time, was nominated by then-Chief Justice Yang Sung-tae, not the acting president.

Han defended the move, citing urgent national challenges and political uncertainty. 

“Given the ongoing impeachment proceedings, looming constitutional disputes and trade negotiations, we cannot risk a paralyzed court,” Han said before a Cabinet meeting on Tuesday. “I have made these decisions solely in the interest of national stability.” 

With two justices set to retire, the court would be left with only seven of its nine seats filled — even after Ma Eun-hyuk’s appointment — potentially hindering its ability to respond to sensitive political rulings, such as future impeachment proceedings. Han’s nominations are widely seen as an effort to prevent a power vacuum in the court.

Han also commented on the appointments, saying, “With the addition of Justice Ma and the two nominees, I hope the Constitutional Court will continue to fulfill its vital mission as the guardian of the constitutional order.”

Ma Eun-hyuk’s appointment had previously been delayed by Han last December due to a lack of bipartisan agreement, despite the National Assembly having passed the motion. Ma Yong-joo, nominated by then-President Yoon Suk-yeol in November, was also appointed after a four-month delay.

Once the two new nominees are confirmed, the Constitutional Court is expected to shift toward a conservative majority. The expected composition would be four conservative justices, three centrists and two progressives.

The DP sharply criticized Han’s nominations.  

“It seems Han believes he has become the president,” DP leader Lee Jae-myung said. Floor leader Park Chan-dae described the appointments as “an attempt by remnants of a treasonous regime to seize control of the Constitutional Court.”

“This is an attempt by those complicit in the insurrection to dominate the Constitutional Court,” DP spokesperson Han Min-soo also said. “Through a jurisdiction dispute and injunction, we will demonstrate that these nominations are null and void.”

The party is reportedly preparing to challenge the nominations through a constitutional petition and may seek an injunction to suspend the appointments.

Within the conservative People Power Party, speculation is growing that Han may enter the presidential race.

According to a lawmaker from the party’s stronghold in Daegu and North Gyeongsang, support for Han has gained traction since the impeachment of former President Yoon Suk Yeol.  

“Party members have been flooding us with messages saying we should make Han our presidential candidate,” the lawmaker told JoongAng Ilbo, an affiliate of Korea JoongAng Daily. The lawmaker added that some have recently begun to mention the “Han Duck-soo scenario.”

One of Han’s perceived strengths is his regional background. As a native of North Jeolla — traditionally a DP stronghold — Han is seen by some as a strategic candidate who could appeal to voters dissatisfied with DP leader Lee.  

“The recent by-election in Damyang, where the Rebuilding Korea Party defeated the DP, revealed anti-Lee sentiment in the Jeolla region,” a senior party member said. “It would be significant to have a Jeolla-based candidate like Han enter the race.”

Still, skepticism lingers about the feasibility of a last-minute campaign, with less than two months until the June 3 snap presidential election.

“It’s not realistic at this stage,” one three-term lawmaker said. 

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.

BY KIM JEONG-JAE, SUNG JI-WON [kim.minyoung5@joongang.co.kr]