Cho Han-chang, the ruling People Power Party's(PPP) pick for Constitutional Court justice, said on Tuesday that the acting president is authorized to appoint justices, according to the Constitution.
During his confirmation hearing on Tuesday at the National Assembly, Cho said he believes having nine justices on the Constitutional Court is the appropriate way to ensure the legitimacy of the court.
When asked whether the conditions for declaring an emergency martial law were met on December 3, Cho refrained from giving a definitive answer.
However, Cho said actions that paralyze the functions of the National Assembly are unconstitutional.
The nominee also apologized for concerns raised over his suspected involvement in the so-called abuse of judicial administration power incident in 2015, when he was the chief presiding judge of the Seoul Administrative Court.