"We will file an application for a provisional injunction and a hearing on the authority dispute," he said. Woo said Han's nomination of a constitutional justice was a "serious violation of the constitutional order," and that "the National Assembly's right to hold hearings on appointments to constitutional bodies is infringed."
They plan to file an application for a provisional injunction to suspend the effect of the law and a request for a hearing on the authority dispute with the Constitutional Court on the same day, claiming that the law is an 'infringing act.'
According to the House of Representatives Speaker's Office, the request for a personnel hearing has not yet been officially accepted by the Diet.
However, according to Article 61, paragraph 2 of the Constitutional Court Act, the court may hear a trial of a dispute over authority and apply for provisional measures not only when authority has actually been violated but also when there is a "significant risk of the authority being violated."
In addition, Woo said, "This nomination act will allow the National Assembly to exercise its right to deliberate and vote on the appointment of candidates for the Constitutional Court, its right to control national affairs through personnel hearings, and its right to exercise the Speaker of the National Assembly's power.
"This is a case that clearly poses the risk of violating the authority to conduct personnel hearing procedures, and measures to safeguard the Constitution and protect the authority of the National Assembly are unavoidable."
Meanwhile, the National Assembly Legislative Research Service also commented on Han's nomination of judges, "The incumbent president has also refrained from forming a new constitutional body at the end of his term.
"The aggressive action of Acting Prime Minister Han, who lacks democratic legitimacy, such as the nomination of constitutional justices, is a clear abuse of authority and has the potential to be unconstitutional and illegal," the committee said in a review opinion compiled by a number of constitutional scholars.
Chairman Woo said, "For the acting president, who is not elected by the people, to set up a constitutional court, which is the body that protects the constitution, is an act that will once again add to the chaos in the nation.
If the person in question is unqualified, this is another act of violation of the Constitution that clearly violates the National Assembly's authority to conduct personnel hearings." He added, "The National Assembly's latest action is the National Assembly's responsibility to protect the Constitution."
He added.
2025/04/11 20:49 KST
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