Constitutional Court justice says ruling on Yoon case 'impossible' with 6 justices

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Constitutional Court justice says ruling on Yoon case 'impossible' with 6 justices

Published: 30 Dec. 2024, 17:01

CHO JUNG-WOO
[email protected]

Audio report: written by reporters, read by AI

Justices Cheong Hyung-sik, left, and Lee Mi-son preside over the preparatory hearing for President Yoon Suk Yeol's impeachment trial at the Constitutional Court in Jongno District, central Seoul, on Dec. 27. [JOINT PRESS CORPS]

One Constitutional Court justice indicated that making a decision with the current six-bench system would be inappropriate, signaling that the impeachment trial of President Yoon Suk Yeol may be further prolonged.

The National Assembly’s vote to impeach Prime Minister Han Duck-soo last Friday has further contributed to the anticipated delay, as the Constitutional Court, currently operating with only six of its nine justices, is also handling 10 impeachment cases, including those of Yoon and Han.

The responsibility now falls to acting President Choi Sang-mok, the deputy prime minister and minister of economy and finance who assumed Han’s duties following his impeachment, to approve the nominations of three justices recommended by the National Assembly. If the process is delayed, Yoon's impeachment trial is likely to stall at the court.

The situation could worsen if the trial drags on for months, as the terms of Constitutional Court Justices Moon Hyung-bae and Lee Mi-son are set to expire on April 18 next year.

Recently, one of the justices reportedly told other constitutional justices that it is “impossible” to conclude Yoon’s case with only six sitting justices. They argued that deciding without three justices nominated by the National Assembly “lacks democratic legitimacy.”

The Constitutional Court typically comprises nine justices: three recommended by the National Assembly, three by the president and three by the Supreme Court chief justice.

Acting President Choi Sang-mok presides over a meeting at the government complex in central Seoul on Dec. 27. [JOINT PRESS CORPS]

“There are no legal provisions that prohibit a six-justice system from making a decision,” said Kim Dai-whan, a professor at the University of Seoul Law School.

“However, there are concerns about the perceived legitimacy of decisions made by six justices, compared to those made under the full nine-justice bench.”

Despite ongoing debates, it seems unlikely that the three vacant seats will be filled through bipartisan agreement.

The limitations of acting presidents are another concern, especially if the position continues to change hands due to repeated impeachments.

“Legally, the authority of lower-ranking acting presidents is not reduced, but the practical and political burden of exercising their authority is expected to increase,” said Jang Young-soo, a professor at Korea University Law School.

If the political stalemate over appointing the three justices persists, the Constitutional Court could face a worst-case scenario, with only four justices remaining after Moon Hyung-bae and Lee Mi-son’s terms expire.

It would spark further controversy over whether an acting president can nominate justices, as both Moon and Lee were initially recommended by the president.

“The Constitutional Court will face an unbearable situation under a four-justice system,” said Kim Seung-dae, a former professor at Pusan National University Law School and head researcher for the Constitutional Court.

"Paralysis of the Constitutional Court must be avoided. Parliament should make concessions, or the court must reach a decision before the situation worsens.”

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

The liberal Democratic Party, which passed the impeachment motion against Yoon on Dec. 14, also submitted Han’s impeachment case to the Constitutional Court on Friday. Meanwhile, the conservative People Power Party (PPP) filed an injunction to nullify Han’s impeachment. Separately, an attorney filed a constitutional complaint against Han for failing to approve the nominations of justices while acting as president.

On Monday, the Constitutional Court said that Han’s duties were suspended following the National Assembly’s impeachment vote and that the impeachment decision stands unless the court makes a separate decision.

The PPP has argued that Han’s delay in approving judicial appointments does not constitute grounds for impeachment and has filed a constitutional complaint to nullify his impeachment.

The court, which has been operating with three vacant seats since October, provisionally lifted an article requiring the attendance of at least seven justices for case reviews. This has allowed the six remaining justices to proceed with reviewing cases.

The court said Monday that it would "expedite" its internal discussion on whether or not a final ruling can be made with the six sitting justices.

BY KIM JUN-YOUNG, CHO JUNG-WOO [[email protected]]