The Constitutional Court unanimously elected Choo Sun-hoe, one of the court's eight sitting judges, as its acting chief Wednesday while a political controversy over the legally flawed presidential nomination of the court's new chief justice shows no sign of a settlement.
The top post has been vacant since Yun Young-chul finished his six-year term as chief justice Thursday, the first time the country has faced such a situation in its constitutional history .
On Aug. 16, President Roh Moo-hyun nominated Jeon Hyo-sook, the former judge of the court, as the court's first female chief. But the nomination remains unapproved by the National Assembly, with the main opposition Grand National Party (GNP) boycotting a confirmation vote citing procedural and legal problems in the nomination.
On Tuesday, GNP lawmakers occupied the podium of the parliamentary speaker for one and a half hours to prevent the governing Uri Party from railroading a motion through with possible cooperation from the three minor opposition parties, which call for concessions from both the Uri Party and GNP.
The Uri Party with 142 parliamentary seats needs cooperation from the minor parties to pass the bill requiring a majority vote attended by a quorum of of more than half the 298 assembly members.
The GNP controls 126 seats.
Choo's election was made according to the court's regulations, which require its judges to elect their acting head within a week after the seat is vacated, court officials said.
With the appointment, the court will operate normally beginning next month, they said. By law, the court can make a decision on the constitutionality of laws, government decisions, impeachment motions, and other petitions if at least seven of the court's nine judges are present in a trial.
Roh has been criticized for having his confidante Jeon quit her post as a court judge to benefit from a loophole that lets her serve another six-year tenure as a justice and head of the court.
After quitting the post just before the nomination, Jeon underwent parliamentary confirmation as a civilian, triggering protest from the opposition parties. The Constitution stipulates that the head of the court must be picked from among its incumbent justices.
Political parties have been locked in a heated debate over how to interpret the clause for over a month. Opposition parties claimed that Jeon must undergo a separate confirmation hearing at the Assembly to become a Constitutional Court justice first if she wants to sit in the court's top post. The ruling party and Cheong Wa Dae contradicted the claim, however, saying that a separate hearing is unnecessary because the chief justice was supposed to automatically assume the position as a justice.
Softening its position on the controversy, Cheong Wa Dae said on Wednesday it will soon officially request parliamentary confirmation for Jeon as the court's new justice.
But the GNP repeatedly urged Jeon to relinquish her nomination.
"We worry how the Constitutional Court will win public confidence if it is led by a chief justice who has already suffered many political injuries," Kim Hyong-o, floor leader of the party, said in an open letter addressed to the nominee.
Choo called for an early settlement of the parliamentary confrontation, saying a protracted vacuum of power in court would unavoidably trigger many other problems. "The Constitutional Court hopes this problem is settled as early as possible," he told reporters.
Seoul, Sept. 20 (Yonhap News)
Constitutional Court elects acting chief |
