Article body
The Blue House has requested a re-nomination without sending the appointment confirmation for Supreme Court Justice nominee Son Bong-ki, proposed by Chief Justice Cho Hee-dae, to the National Assembly, escalating the controversy over the president's appointment powers for justices. Legal circles are analyzing this situation as a precursor to 'court packing' aimed at altering the Supreme Court's composition in favor of the government and ruling party.
There is a prevailing opinion in the legal community that the president's appointment power includes the 'right to refuse appointments.' According to Article 104, Section 2 of the Constitution, justices are appointed by the president with the consent of the National Assembly upon the recommendation of the Chief Justice. However, interpretations regarding the timing of the president's exercise of veto power vary, with some arguing that the president should only exercise appointment authority after the National Assembly's consent process is complete.
Meanwhile, the Blue House argues that the right of recommendation supports the appointment power, but legal experts point out that it does not imply an active 'selection power' allowing the president to return candidates until a desired nominee is proposed. Additionally, under a bill to increase the number of justices, President Yoon will appoint 22 justices during his term, raising concerns that this could give the president undue influence over the future composition of the Supreme Court.