People Power Party Criticizes Blue House’s Rejection of Supreme Court Justice Nominee as “Clear Violation of the Constitution”

People Power Party Considers Filing Competence Dispute Claim

On August 28, the People Power Party criticized the Blue House for not submitting the appointment agreement for Supreme Court Justice nominee Son Bonggi to the National Assembly, instead requesting the Chief Justice to re-nominate a candidate. The party denounced this move as “unprecedented in constitutional history, calling it the President’s ‘Supreme Court Justice shopping’.” The party also stated that it is considering filing a competence dispute claim on the grounds that the President’s actions infringe on the National Assembly’s right to consent to appointments.

Members of the People Power Party’s Legislation and Judiciary Committee held a press conference at the National Assembly on the same day, saying, “The President accepts nominations for candidates he favors and rejects those he does not. We cannot help but be outraged by President Lee Jaemyung’s attempts to destroy the Constitution and undermine the independence of the judiciary.”

Members of the People Power Party's Legislation and Judiciary Committee. Photo by Yonhap News Agency

The lawmakers argued that Article 104, Paragraph 2 of the Constitution stipulates that Supreme Court Justices are to be appointed by the President based on a recommendation by the Chief Justice and the National Assembly’s consent. They asserted, “There is no provision in the Constitution or in the Court Organization Act that allows the President to turn down a recommendation or request a re-nomination.” They further stated, “Creating and exercising a power that does not exist is not constitutional interpretation; it is the creation of a new power, and as such, it is unconstitutional in itself.”

They also argued that the request for re-nomination infringes on the National Assembly’s authority to conduct personnel hearings and its right to consent to appointments. The lawmakers said, “It is the National Assembly’s authority and responsibility to determine whether a nominee is suitable as a Supreme Court Justice. There is a fundamental difference between the ruling party, holding a majority, voting down a nominee out of political responsibility and blocking the entire process itself.”

In a meeting with reporters following the press conference, People Power Party lawmaker Park Hyungsu commented on whether the party would file a competence dispute claim: “We plan to review the matter,” he said. “The act of not submitting the appointment agreement itself could infringe upon the National Assembly’s rights, so the National Assembly may be able to file a claim, and the Supreme Court may also have grounds to file such a claim.”

Regarding the possibility of reconvening the Supreme Court Justice Nomination Committee or having a different nominee re-nominated from the existing pool of candidates, the lawmakers stated, “We do not consider any such procedure legitimate. Since re-nomination itself is not stipulated in the Constitution, these processes should not be followed.”

The Legislation and Judiciary Committee members of the People Power Party called on President Lee to “immediately submit the appointment agreement for nominee Son to the National Assembly,” asserting that “the qualifications and suitability of the nominee should be determined through the National Assembly’s personnel hearing procedure.”

This content was produced with the assistance of AI translation services.