It has been reported that Ma Eun-hyeok, a Constitutional Court Justice, has taken charge of the constitutional complaint and preliminary injunction case regarding the nomination of a Constitutional Court Justice candidate for acting President Han Duck-soo.
The Constitutional Court has been informed that the case was assigned to Justice Ma through a random electronic dividends distribution method that day. Justice Ma was inaugurated as a new justice the day before.
Earlier, lawyer Kim Jung-hwan, affiliated with law firm Dodam, filed a constitutional complaint arguing that the acting President's nomination of a justice violates the right guaranteed by Article 27, Section 1 of the Constitution, which states that 'all citizens have the right to receive legal proceedings from judges as prescribed by the Constitution and laws.' It contended that the nomination by Acting President Han exceeded the scope of authority of an acting president and is thus unconstitutional and void.
On the 8th, Acting President Han nominated Lee Wan-kyu, the Minister of Legislation, and Ham Sang-hoon, the Director General of the Seoul High Court, as successors to Constitutional Court Justices Moon Hyung-bae and Lee Mi-sun, whose terms end on the 18th. This is the first time in constitutional history that an acting president has nominated a candidate for a Constitutional Court Justice.