Competence Dispute Between the President of the Republic and Members of the National Assembly

29 KCCG 583, 98 HunRa 1, July 15, 1998 (1998)

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Competence Dispute Between the President of the Republic and Members of the National Assembly

Republic of Korea Constitutional Court
29 KCCG 583, 98 HunRa 1, July 15, 1998 (1998)

KS

Facts

When Dae-Jung Kim was elected president of South Korea, a majority of national assembly members were aligned with parties that had supported Kim’s rival. Pursuant to the South Korean constitution, the national assembly was required to approve certain high-level ministers’ appointments by the president. After President Kim appointed Jong-Pil Kim as prime minister, the national assembly failed to vote on the appointment. In the absence of any action by the national assembly, the president appointed Jong-Pil Kim as acting prime minister without the consent of the national assembly. A group of 150 individual members of the national assembly (the plaintiffs) filed a competence dispute with the court, arguing that the appointment of an acting prime minister was ultra vires and violated the national assembly’s power to approve such nominations.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Lee, J.)

Dissent (Kim, Lee, J.J.)

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