National Assembly begins Constitutional Court confirmation hearings ahead of Yoon's proceedings

Home > National > Politics

National Assembly begins Constitutional Court confirmation hearings ahead of Yoon's proceedings

Published: 23 Dec. 2024, 18:38 Updated: 23 Dec. 2024, 18:41

CHO JUNG-WOO
[email protected]

Audio report: written by reporters, read by AI

The Constitutional Court in Jongno District, central Seoul, on Dec. 23 [NEWS1]

The National Assembly on Monday began confirmation hearings for three candidates nominated to fill vacancies on the Constitutional Court, aiming to complete the full nine-justice bench amid President Yoon Suk Yeol’s impeachment proceedings.

The hearings came as the court said Monday that Yoon’s first pretrial hearing is set to proceed as scheduled on Friday.

The National Assembly held hearings on Monday for two candidates recommended by the liberal Democratic Party (DP) — presiding judge at the Seoul Western District Court Ma Eun-hyeok and Jeong Gye-seon, chief judge at the Seoul Western District Court.

Under the Constitutional Court Act, at least seven justices must participate in reviewing an impeachment motion, and six must approve of it for the impeachment to be upheld.

After a parliamentary vote, the president must approve the appointments. However, following Yoon's suspension, acting President Han Duck-soo is expected to sign off on the nominations instead.

The People Power Party (PPP) boycotted the hearings, claiming that the acting president should not have the authority to approve the nominations.

Constitutional Court justice candidate Ma Eun-hyeok speaks during a parlimentary hearing at the National Assembly in Yeouido, western Seoul, on Dec. 23. [NEWS1]

During the hearing, Ma said it was “generally appropriate” for the acting president to approve nominations made by the National Assembly or the Supreme Court chief justice.

The PPP argues that as Yoon has not yet been officially impeached with his duties merely suspended, claiming that Han does not have the full right to exercise presidential authority and approve the appointments.

During the hearing, Ma highlighted his 25 years of experience in the legal field, emphasizing his commitment to “protecting the rights of workers and minorities” and ensuring “theoretical measures and practical judgments to safeguard people’s basic rights by curbing abuses of power.” When questioned about whether the president’s political decisions could be subject to review by the Constitutional Court, Ma said that "they could."

Yoon has been claiming that the declaration of martial law is a political question that should not be subject to judicial review.

Jeong, who attended her confirmation hearing later that day, said that she would “exert every effort to protect the constitutional order” if confirmed as a justice. In response to a question whether she is aware of a 1996 ruling by the Constitutional Court, which concluded that cases directly related to the violation of individuals’ basic rights are subject to review, she said she is.

Jeong also responded, “If the president engages in unconstitutional and unlawful actions, they are, of course, considered unlawful,” when asked whether a president’s actions that exceed constitutional limits and violate basic rights are unlawful.

Constitutional Court justice candidate Jung Gye-seon speaks during a parlimentary hearing at the National Assembly in Yeouido, western Seoul, on Dec. 23. [NEWS1]

A confirmation hearing for attorney Cho Han-chang, a former presiding judge at the Seoul High Court and a PPP nominee, is scheduled for Tuesday. Following the hearings, the National Assembly is expected to vote on the nominations during a plenary session later this week, which the PPP has criticized as “unilateral.”

On the same day, the Constitutional Court said that the impeachment-related documents that were delivered to Yoon were effective upon delivery, even if the impeached president refused to accept them.

In a press briefing, a Constitutional Court official said that the documents, which include a notice of impeachment, a request for a written response and a deadline notice, were sent to the president’s official residence and are effective based on Supreme Court precedent.

The Presidential Security Service has refused to accept the documents 13 times during delivery attempts to multiple locations, including Yoon’s official residence, on Dec. 16 and 17. The court re-sent the documents last Thursday.

Yoon has seven days from the document's arrival — until Friday — to submit a written response, although this is not mandatory. But he is required to submit minutes from a Cabinet meeting related to martial law and the martial law decree No. 1 by Tuesday.

Following the announcement, Yoon’s attorney told reporters that the president believes the impeachment trial proceedings should take precedence over other criminal investigations.

“Yoon remains the president, with his authority temporarily suspended,” the attorney said, questioning whether investigative authorities are “prepared” to probe into the president on state affairs at this stage.

The attorney also noted that former President Park Geun-hye was prosecuted only after the Constitutional Court upheld her impeachment.

Additionally, the attorney said he pressed charges against DP chief Lee Jae-myung, accusing him of making false accusations. The lawsuit came in response to the DP's formal accusation against the attorney of spreading "evident propaganda" for insurrection by "justifying Yoon's actions" in his comments to reporters while defending the impeached president.

BY CHO JUNG-WOO [[email protected]]