Constitutional Court delays ruling on Choi's refusal to appoint ninth justice
Published: 03 Feb. 2025, 18:52
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- CHO JUNG-WOO
- [email protected]
Audio report: written by reporters, read by AI
![Supporters of President Yoon Suk Yeol rally against his impeachment outside the Constitutional Court in Jongno District, central Seoul, on Feb. 3. [NEWS1]](https://koreajoongangdaily.joins.com/data/photo/2025/02/03/4cda17ff-fd06-4e50-aeb1-ba14467427a4.jpg)
Supporters of President Yoon Suk Yeol rally against his impeachment outside the Constitutional Court in Jongno District, central Seoul, on Feb. 3. [NEWS1]
The Constitutional Court on Monday postponed its ruling on the constitutionality of acting President Choi Sang-mok’s decision to withhold appointing a ninth justice, a factor seen as crucial in determining the fate of impeached President Yoon Suk Yeol.
The court announced the delay just two hours before its scheduled ruling at 2 p.m., saying that oral arguments in the competence dispute case, filed by National Assembly Speaker Woo Won-shik against Choi, would resume at 2 p.m. on Feb. 10.
The court did not disclose specific reasons for the postponement.
However, the bench is believed to have accepted Choi's request on Friday for a resumption of oral arguments for the case, citing the need for further review. His request followed the court’s demand for additional documents related to the nomination of justices by the ruling and opposition parties.
On Dec. 31, Choi initially withheld a decision to appoint justice nominee Ma Eun-hyeok, citing a “lack of bipartisan consensus," while approving two other nominees recommended by each rival party. Ma was recommended by the liberal Democratic Party (DP).
Additionally, the Constitutional Court indefinitely postponed its ruling on a petition filed by attorney Kim Jeong-hwan, who argued that delaying the appointment of justices violated his right to a “fair constitutional trial” in a separate case he had filed. Kim submitted his petition on Dec. 28.
Following the court’s announcement, Yoon's legal defense team urged the court to conduct a “fair and impartial” review, criticizing it for having “swiftly concluded oral arguments without properly examining cause and effect.”
The conservative People Power Party (PPP) also called on the court to “halt its rushed proceedings” in Ma’s case. In a statement on Monday, PPP floor spokesperson Kim Dai-sik argued that the case should be “dismissed” because the National Assembly speaker filed it on behalf of the legislature without a parliamentary vote.
![Acting President and Finance Minister Choi Sang-mok, center, presides over a meeting at the government complex in central Seoul on Feb. 3. [MINISTRY OF ECONOMICS AND FINANCE]](https://koreajoongangdaily.joins.com/data/photo/2025/02/03/419872c2-b1af-46e7-9f41-2bd6001fd122.jpg)
Acting President and Finance Minister Choi Sang-mok, center, presides over a meeting at the government complex in central Seoul on Feb. 3. [MINISTRY OF ECONOMICS AND FINANCE]
Earlier in the day, the DP continued to pressure Choi to approve Ma’s appointment as the ninth justice. At a supreme council meeting Monday morning, DP floor leader Park Chan-dae said, “Selectively refusing to appoint a Constitutional Court justice, which is a constitutional duty, and failing to request nominations for a special counsel on insurrection are grounds for impeachment.”
Park added that if Choi failed to fulfill his responsibilities, the DP would have no choice but to make an “extraordinary decision.”
Meanwhile, police on the same day said they will lead the investigation into former Interior and Safety Minister Lee Sang-min over his alleged involvement in Yoon’s botched martial law declaration. The National Office of Investigation announced that it had agreed to take back the case from the Corruption Investigation Office for High-ranking Officials, which was referred to the agency in December.
Lee is accused of ordering fire authorities to cut off electricity and water supplies to certain media outlets during the short-lived marital law imposition on Dec. 3.
According to legal sources, the first preparatory hearing for Yoon’s criminal trial — where he has been indicted and detained for allegedly masterminding the martial law plot — will be held on Feb. 20 at the Seoul Central District Court.
BY CHO JUNG-WOO [[email protected]]
with the Korea JoongAng Daily
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