On December 31, Acting President Choi Sang-mok, who holds the position of Deputy Prime Minister for Economic Affairs, made key appointments to the Constitutional Court, selecting two justices chosen by the National Assembly and blocking two contentious bills for the special prosecutor. This decision, regarded as a middle ground, comes at a time of considerable uncertainty in South Korea, following a declaration of martial law and the impeachment of President Yoon Suk-yeol.
At a cabinet meeting, President Choi confirmed the nominations of two candidates, Cho Han-chang from the ruling People Power Party and Jung Gye-seon from the opposition Democratic Party of Korea. Meanwhile, he put off a decision on Ma Eun-hyeok’s nomination from the DPK, due to ongoing political issues.
The decision came following the impeachment of Prime Minister Han Duck-soo by the DPK on December 27, as a response to his decision to postpone court appointments.
A government representative disclosed that Choi had contemplated deferring the nominations entirely in order to observe a nationwide period of mourning following the recent Jeju Air plane crash. However, he chose to nominate two judges as a middle ground to ease the pressure of escalating tensions.
In spite of this proposed strategy, Mr. Choi encountered opposition from some members of the Cabinet, who expressed their forceful dissent in the discussion.
South Korean President Choi blocked a pair of opposition-led special prosecutor bills, citing constitutional concerns. One bill sought to investigate the circumstances surrounding the December 3 martial law declaration, often referred to as the “insurrection”. A second bill aimed to examine allegations against First Lady Kim Keon-hee, including accusations of manipulating the stock market and interfering with elections.
The proposed bills would have given the opposition party a monopoly over the appointment of special prosecutors, sparking concerns about impartiality. Mr. Choi contended that these measures would contravene constitutional norms, such as the division of power, and compromise the unique function of the special prosecutor system.
“The constitutional shortcomings of the bills still persist,” Choi stated, drawing attention to the three previous vetoes on such proposals proposed by the Yoon administration, each of which survived Assembly rejection and re-votes.
In a recent announcement, President Choi highlighted the profound uncertainty enveloping South Korea’s political and economic landscape. He expressed concern that the recent failure of Jeju Air could not only heighten consumer anxiety but also exacerbate the country’s economic woes. “We cannot afford to allow this perpetual impasse between opposing political parties to perpetuate,” he said, calling on lawmakers to engage in meaningful and mutual dialogue.
Some people are interpreting Choi’s moves as a gesture of willingness to find common ground. Likewise, Kwon Young-se, interim chairman of the People Power Party, has suggested that the party is open to revising the special prosecutor law through negotiations.
Meanwhile, the Democratic Party of Korea, which had advocated for Yoon’s impeachment to be upheld by the Constitutional Court, may soften its stance on key outstanding issues. With the court’s expanded bench of eight judges in place, the party could seek a resolution on the ongoing case of the last justice appointee and potential amendments to the special prosecutor laws.
