A report by a unit of the Constitutional Court is drawing attention as it recommends that the nation’s system of appointing the court’s nine justices be revamped.
The report was released by the Constitutional Research Institute, an arm of the Constitutional Court, which drew criticism from civic groups and international attention through its Dec. 19 ruling to dissolve the United Progressive Party.
In its analysis of the qualifications, composition and terms of the constitutional justices, the institute said that “the current sharing (recommendation) by political parties does not guarantee the selection of justices with (the necessary) qualifications.”
The appointment system could possibly lead to rulings being swayed through political influence, it added.
The report suggested that justices should be granted greater independence. It reiterated that the nation should scrap the system of recommending justices based on political considerations in the National Assembly.
Constitutional Court president Park Han-chul was recommended by former president Lee Myung-bak in 2011. President Park Geun-hye recommended justices Seo Ki-seog and Cho Yong-ho in 2013.
Both the incumbent and former president ― Lee and Park ― came from the conservative Saenuri Party.
Three justices, Lee Jung-mi, Kim Chang-jong and Lee Jin-sung, were recommended by the chief justice of the Supreme Court.
“Considering the securing of democratic legitimacy and independence of constitutional justices, it is not appropriate for the Supreme Court to intervene in the selection,” the institute said.
The other three ― Ahn Chang-ho, Kim Yi-su and Kang Il-won ― were recommended by the ruling Saenuri Party, the main opposition New Politics Alliance for Democracy and both parties through an agreement, respectively.
The report suggested that the selection procedure be revised so that three justices be appointed by the president with the approval of the National Assembly and the other six be recommended by the Assembly.
The minor opposition UPP was disbanded on Dec. 19 in the first-ever decision by the Constitutional Court that a political party was unconstitutional.
The ruling took effect immediately and UPP Reps. Kim Mi-hyui, Kim Jae-yeon, Lee Sang-kyu, Lee Seok-ki and Oh Byung-yun lost their status as members of the Assembly.
