Why the sudden delay on the Constitutional Court ruling?

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Why the sudden delay on the Constitutional Court ruling?

The Constitutional Court abruptly postponed its ruling on the constitutional dispute and petition regarding the delayed appointment of Justice-designate Ma Eun-hyeok. The court had originally scheduled the ruling for 2 p.m. on Monday, but just two hours before the announcement, at 11:57 a.m., it notified the press of the postponement — an exceptionally unusual move.
 
The Constitutional Court offered no detailed explanation, stating only that the decision was made following a deliberation among justices earlier that morning. Given that the appointment of a Constitutional Court justice could significantly influence President Yoon Suk Yeol’s impeachment trial, ensuring a thorough, well-grounded ruling is paramount to avoiding accusations of haste or procedural inadequacy in such a matter of national interest.
 
At the heart of the issue is whether acting President Choi Sang-mok’s decision to withhold Ma’s appointment, despite the National Assembly’s majority vote in favor, aligns with the Constitution.
 
Article 111 of the Constitution stipulates that “among the nine Constitutional Court justices, three shall be selected by the National Assembly and appointed by the President.” However, when acting President Choi appointed Cho Han-chang and Jeong Gye-seon as justices late last year, he withheld Ma’s appointment, citing a lack of bipartisan agreement.
 
In response, National Assembly Speaker Woo Won-shik filed a constitutional complaint, while attorney Kim Jeong-hwan separately lodged a constitutional petition.
 
Meanwhile, the People Power Party (PPP) has challenged Woo’s authority to file the complaint, arguing that he did so without formal parliamentary approval.
 
According to the Constitutional Court Act, any ruling upholding a constitutional complaint or dispute binds all government agencies and local authorities. Furthermore, if the court deems an omission unlawful, the respondent is required to take action in accordance with the ruling. Whatever decision the Constitutional Court reaches, all state institutions have a duty to fully respect and implement it.
 
Some within the ruling bloc have raised concerns over Ma’s past involvement with labor organizations during his younger years, questioning his political impartiality.
 
Additionally, President Yoon’s camp has argued that Acting Chief Justice Moon Hyung-bae, along with Justices Lee Mi-seon and Jeong Gye-seon, should recuse themselves from the impeachment trial.
 
Yet, if concerns about Ma’s qualifications existed, why were they not raised during his parliamentary confirmation hearings? It is difficult to understand why these objections are surfacing only now, under the guise of a judicial review. By this same flawed logic, justices appointed by President Yoon or the ruling party would also be subject to bias accusations.
 
Certain political factions must halt their attempts to inflame public sentiment with external pressure campaigns, as these only deepen social division and discord. The Constitution grants the President, the National Assembly and the Chief Justice of the Supreme Court the authority to each select three justices, ensuring checks and balances under the principle of the separation of powers.
 
As such, it is natural that the Constitutional Court comprises justices with both conservative and progressive leanings — this is precisely the spirit of constitutional framework. Excessive political interference in the court’s affairs undermines its credibility and weakens its role in guiding the country through crises.
 
It is imperative that the Constitutional Court reaches a fair and impartial ruling — both procedurally and substantively — to prevent unnecessary controversy and uphold its integrity as a constitutional institution. 
 
Translated using generative AI and edited by Korea JoongAng Daily staff. 
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