The Constitutional Court has suspended the nominations of two new justices to its bench, which acting President Han Duck-soo announced last week.

The court said Wednesday that its nine justices unanimously agreed to grant an injunction requested by lawyer Kim Jung-hwan, who challenged Han’s legal authority to make those nominations as an acting president. 

It said it cannot definitively conclude that a prime minister acting on behalf of the president has the authority to nominate and appoint Constitutional Court judges.

The court also said that if Han appoints the justices in question, it’s unclear whether the petitioner will be able to challenge their status in a timely manner or prevent their involvement in the trial proceedings, posing a risk of significant and irreparable harm to the petitioner. 

It added that if Han does not have the authority to nominate and appoint judges, appointing them could violate the right to a fair trial not only for the petitioner but for all parties involved in Constitutional Court cases.

As a result of the decision, parliamentary confirmation hearings for the justices will not take place until the court renders its verdict on the constitutionality of such nominations by an acting president.

On Tuesday last week, Han chose Government Legislation Minister Lee Wan-kyu and Ham Sang-hun, a senior judge at the Seoul High Court, to replace outgoing Constitutional Court Justices Moon Hyung-bae and Lee Mi-son.