With no clear enforcement and an election looming, political calculations may influence Ma Eun-hyuk’s appointment
South Korea’s Constitutional Court ruled on Thursday that Acting President Choi Sang-mok is legally obligated to appoint Ma Eun-hyuk as a Constitutional Court justice, calling his refusal an unconstitutional infringement on the National Assembly’s authority. The court’s unanimous decision reaffirmed that presidents and acting presidents cannot selectively reject National Assembly-approved justices unless a nominee fails to meet legal qualifications or the selection process violates the law.
However, the court dismissed a separate request to confirm Ma’s appointment outright, stating that it lacks the authority to unilaterally grant judicial status. While the ruling creates a legal obligation for Choi to proceed with the appointment, it sets no deadline and lacks enforcement mechanisms.
South Korea’s Constitutional Court ruled on Thursday that Acting President Choi Sang-mok is legally obligated to appoint Ma Eun-hyuk as a Constitutional Court justice, calling his refusal an unconstitutional infringement on the National Assembly’s authority. The court’s unanimous decision reaffirmed that presidents and acting presidents cannot selectively reject National Assembly-approved justices unless a nominee fails to meet legal qualifications or the selection process violates the law.
However, the court dismissed a separate request to confirm Ma’s appointment outright, stating that it lacks the authority to unilaterally grant judicial status. While the ruling creates a legal obligation for Choi to proceed with the appointment, it sets no deadline and lacks enforcement mechanisms.
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