Constitutional Court lacks justices, can Korea still impeach Yoon?

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Constitutional Court lacks justices, can Korea still impeach Yoon?

Published: 10 Dec. 2024, 19:00

CHO JUNG-WOO
[email protected]

Audio report: written by reporters, read by AI

Six Constitutional Court justices are seated in the courtroom of the Constitutional Court in Jongno District, central Seoul, on Tuesday. [YONHAP]

With political tensions rising over the impeachment of President Yoon Suk Yeol following his short-lived declaration of martial law last week, concerns surfaced about whether the Constitutional Court can review an impeachment trial with only six seated justices.

The Constitutional Court is typically composed of nine justices — three recommended by the National Assembly, three by the president and three by the Supreme Court chief justice. However, three seats designated by the parliament have been vacant since Oct. 17, when the terms of judges expired amid political deadlock.

According to the Constitutional Court Act, at least seven justices must participate in reviewing the forwarded impeachment motion and at least six must approve it for impeachment to proceed. As a provisional solution, the Constitutional Court accepted an application for an injunction to suspend Article 23, which mandates the attendance of seven or more judges for a review. This means all six sitting justices would need to unanimously agree to impeach the president for the motion to succeed.

However, experts suggest that giving a ruling on significant matters like the president’s impeachment with only six justices may be problematic.

“The court accepted the injunction because the three vacant spots are expected to remain unfilled for an extended period due to political gridlock,” an attorney who previously worked as a Constitutional research officer, told the JoongAng Ilbo, an affiliate of the Korea JoongAng Daily, stressing that the permission does not indicate the six-judge system was meant for making significant rulings.

The attorney also warned that a decision rendered by just six judges would likely “draw criticism for lacking fairness.”

The liberal Democratic Party (DP) has announced plans to hold a hearing this month to nominate the three judges during a plenary session of the National Assembly. The DP has finalized the recommendations of three candidates, while the conservative People Power Party has put forth one candidate.

After a parliamentary vote, the president would need to approve the appointments of the new Constitutional Court justices. However, if the parliament passes the impeachment motion before the vacancies are filled, Prime Minister Han Duck-soo would be required to approve the appointments, as Yoon’s presidential duties would be suspended.

Under the Constitution, Yoon would only be suspended from his duties if he is impeached or steps down voluntarily, allowing the prime minister to temporarily assume presidential responsibilities.

If the impeachment motion is passed by the parliament, the Constitutional Court would then have 180 days from the day the chief of the National Assembly's legislation and judiciary committee submits the impeachment motion to deliver its ruling.

The Constitutional Court would need to assess whether Yoon's declaration of martial law was justified as the Constitution stipulates that martial law can only be declared in a "national emergency crisis."

BY CHO JUNG-WOO [[email protected]]