The main opposition Liberty Korea Party (LKP), Monday, filed for an injunction with the Constitutional Court to nullify President Moon Jae-in's ratification last week of the Pyongyang Declaration.
The measure came after the declaration, adopted by Moon and North Korean leader Kim Jong-un last month, was published in a government gazette, taking legal effect.
"The LKP filed a motion for preliminary injunction requiring the Constitutional Court of Korea against the President's recent endorsements toward North Korea by ratifying the Pyongyang Joint Declaration and an inter-Korean military agreement reached by the two Koreas in September without consent from National Assembly," the party said in a statement.
The court confirmed that it has received a motion for a preliminary injunction seeking a nullification of the Pyongyang Joint Declaration and an inter-Korean military agreement. Both were ratified by the Cabinet.
A preliminary injunction or an application for prohibition of efficacy is a temporary court order granted during the very early stages of a trial at the request of one party that prevents the other party from doing something specific until the trial is over and the court has issued a ruling of judgment.
Despite heavy backlash from conservatives including LKP members, who called President Moon's decision to ratify the agreements to reduce tensions between the two Koreas without National Assembly approval "unconstitutional," the government said the ratification was published and appeared in the government's official gazette.
The ratification is largely understood as "symbolic," showing the President's commitment to move forward with the September agreements for better inter-Korean relations, but critics have questions over the expected results of the President's "engagement-centric" North Korean policy in terms of getting new momentum to break an impasse in denuclearization talks.
The LKP and other conservatives were saying getting approval from the National Assembly is required to ratify the endorsements as the deals would undermine South Korea's war readiness and its alliance with the United States given the continued nuclear threats by the North and taxpayers would incur costs.
Referring to a conclusion by the Ministry of Government Legislation, a government agency, which it said National Assembly consent is not required to ratify the September deals as they include inter-Korean projects which don't incur variable costs, Cheong Wa Dae said the ratification will help the two Koreas improve their relations to the next level.
President Moon earlier pushed to get consent from lawmakers on the Panmunjeom Declaration in April as the essence of the declaration is to revive various inter-Korean business projects with South Korea providing financial assistance. But the April agreements failed to get National Assembly approval by the end of October due to objection from conservative lawmakers to pass it.