Legal community: “Veto and appointment powers are the President's exclusive authority”

입력 2024.12.10 (00:42)

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[Anchor]

The controversy over the Prime Minister exercising presidential powers continues.

Even if Prime Minister Han Duck-soo carries out state affairs according to the President's wishes, the prevailing opinion in the legal community is that the Prime Minister cannot exercise the veto or appointment powers, which are exclusive to the President.

Reporter Kim Tae-hoon has the details.

[Report]

The Constitution of our country defines the President's veto power, or the right to request reconsideration, as an exclusive power of the President.

In addition, military command authority and the authority to appoint cabinet members are also included in the exclusive powers, and the majority of legal experts believe that these cannot be delegated due to the President's political decisions.

Representative Han Dong-hoon previously emphasized that President Yoon will relinquish all powers in the future, but,

[Han Dong-hoon/People Power Party leader: "Even before his resignation, the President will not be involved in state affairs, including diplomacy. I will ensure that the public and the international community do not have concerns about that."]

If the opposition party's fourth proposal, the Kim Keon-hee special investigation law, passes in the National Assembly, the veto power can only be exercised by President Yoon, not the Prime Minister.

Currently, President Yoon must also appoint successors for the vacant Minister of Gender Equality and Family, Minister of the Interior and Safety, and Minister of National Defense, as well as other high-ranking officials.

[Kim Han-kyu/Former President of the Seoul Bar Association: "Our Constitution does not presuppose the concept of the President's retreat to the rear line. The veto power over bills and the appointment power for all public officials are still reserved for the President."]

Some suggest that President Yoon could approve it merely as a formality, but there are analyses that this would undermine the justification of an 'orderly resignation.'

Constitutional scholars point out that even if the Prime Minister becomes the acting authority due to the President's accident or vacancy, the veto and appointment powers should be used restrictively.

However, opinions are divided on whether a situation where President Yoon is urgently arrested or detained due to an investigation by law enforcement agencies would qualify as a 'presidential accident' leading to an acting authority system.

This is KBS News, Kim Tae-hoon.

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  • Legal community: “Veto and appointment powers are the President's exclusive authority”
    • 입력 2024-12-10 00:42:50
    News 9
[Anchor]

The controversy over the Prime Minister exercising presidential powers continues.

Even if Prime Minister Han Duck-soo carries out state affairs according to the President's wishes, the prevailing opinion in the legal community is that the Prime Minister cannot exercise the veto or appointment powers, which are exclusive to the President.

Reporter Kim Tae-hoon has the details.

[Report]

The Constitution of our country defines the President's veto power, or the right to request reconsideration, as an exclusive power of the President.

In addition, military command authority and the authority to appoint cabinet members are also included in the exclusive powers, and the majority of legal experts believe that these cannot be delegated due to the President's political decisions.

Representative Han Dong-hoon previously emphasized that President Yoon will relinquish all powers in the future, but,

[Han Dong-hoon/People Power Party leader: "Even before his resignation, the President will not be involved in state affairs, including diplomacy. I will ensure that the public and the international community do not have concerns about that."]

If the opposition party's fourth proposal, the Kim Keon-hee special investigation law, passes in the National Assembly, the veto power can only be exercised by President Yoon, not the Prime Minister.

Currently, President Yoon must also appoint successors for the vacant Minister of Gender Equality and Family, Minister of the Interior and Safety, and Minister of National Defense, as well as other high-ranking officials.

[Kim Han-kyu/Former President of the Seoul Bar Association: "Our Constitution does not presuppose the concept of the President's retreat to the rear line. The veto power over bills and the appointment power for all public officials are still reserved for the President."]

Some suggest that President Yoon could approve it merely as a formality, but there are analyses that this would undermine the justification of an 'orderly resignation.'

Constitutional scholars point out that even if the Prime Minister becomes the acting authority due to the President's accident or vacancy, the veto and appointment powers should be used restrictively.

However, opinions are divided on whether a situation where President Yoon is urgently arrested or detained due to an investigation by law enforcement agencies would qualify as a 'presidential accident' leading to an acting authority system.

This is KBS News, Kim Tae-hoon.

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