image text translation
receipt
Bill submission information
Proposal number
Proposal date
proponent
document
proposal session
2207029
2024-12-27
Representative Park Kun-taek and 10 others
Jane’s neck
2nd (2024-2028) 420th
Reason for proposal and main contents
Proposal Reasons and Main Contents
The current law states that the President appoints judges of the current law court, but three of the nine judges are appointed by the National Assembly and the other three are appointed by the Chief Justice of the Supreme Court.
It’s special
However, even after the election of the National Assembly and the nomination of the Chief Justice of the Supreme Court are decided, if the exercise of the President’s right to appoint is delayed or refused, the decision-making rights inherent to the legislature and the judiciary are violated.
Of course, it is pointed out that it may cause disruption to the current government order, such as violating the principle of separation of powers under the current law.
Accordingly, the President’s right to appoint judges of the current law court shall be exercised so that the election of the National Assembly and the nomination of the Chief Justice of the Supreme Court are made immediately after the decision is made, and the rejection thereof is limited.
(Article 6 (2) is newly established to further strengthen the current administrative order of the Lower Republic)
When the legislature or judiciary appoints their share of constitutional judges, they are considered to have been appointed immediately without an appointment process.
Prevent violations of the separation of powers by indefinitely postponing formal appointment procedures