Seoul, 26 Dec

South Korea's main opposition party submitted a motion on Thursday to impeach the country's acting leader over his reluctance to fill three Constitutional Court vacancies ahead of the court's review of rebellion charges against impeached President Yoon Suk Yeol stemming from his short-lived martial law decree on 3 December.

The court appointments have stalled amid an intensifying dispute between the liberal opposition and Yoon's conservative party, and the potential impeachment of Prime Minister Han Duck-soo may deepen the political paralysis that has halted high-level diplomacy and rattled financial markets.

The opposition-controlled National Assembly also passed motions calling for the appointment of three Constitutional Court justices as the court prepares to start deliberations on whether to dismiss or reinstate Yoon. The vote came shortly after Han reiterated in a televised statement that he wouldn't appoint the justices without bipartisan consent.

National Assembly Speaker Woo Won Shik urged Han to swiftly appoint the justices, saying that his calls for bipartisan consent essentially amounted to a refusal and “infringes on the National Assembly's right to select Constitutional Court justices.”

Yoon's People Power Party, whose members mostly boycotted the National Assembly vote, argued that Han shouldn't exercise presidential authority to appoint the proposed justices while Yoon has yet to be formally removed from office.

The main opposition Democratic Party has accused the conservatives of undermining the court process to save Yoon's presidency, and its motion to impeach Han could go to a floor vote as early as Friday. The Democrats' floor leader, Park Chan-dae, said Han's comments showed “he lacks both the qualifications to serve as the acting leader and the will to uphold the Constitution.”

Yoon's presidential powers were suspended after the National Assembly voted to impeach him on. 14 December over an attempted power grab that lasted only hours but has triggered weeks of political turmoil that has shaken one of Asia's most robust democracies.

To formally end Yoon's presidency, at least six justices on the nine-member Constitutional Court must vote in favour. Three seats remain vacant following retirements and a full bench could make conviction more likely.

The court, which is to hold a pretrial hearing in Yoon's case on Friday, has said it believes the acting president can exercise the right to appoint justices.

Three of the court's nine justices are directly appointed by the president. Three are nominated by the head of the Supreme Court and three by the National Assembly, and they are then formally appointed by the president in what is widely considered a procedural matter.

The three seats that are currently open are to be nominated by lawmakers. South Korea's Constitution states that the National Assembly “selects” three spots on the court rather than recommends, suggesting that the presidential appointments for these spots are a formality rather than a substantive authority, according to some legal experts.

“The consistent spirit reflected in our Constitution and laws is that an acting president should focus on maintaining stability in governance to help the country overcome crisis while refraining from exercising significant powers exclusive to the president, including appointments to constitutional institutions,” Han said. “I will withhold the appointment of Constitutional Court justices until the ruling and opposition parties submit an agreed-upon proposal.”