Constitutional Court two seats down as justices end terms

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Constitutional Court two seats down as justices end terms

Published: 18 Apr. 2025, 14:26

Audio report: written by reporters, read by AI

Constitutional Court Acting Chief Justice Moon Hyung-bae bows to the audience during his and fellow justice Lee Mi-son's leaving ceremony at the court in Jongno District, central Seoul on April 18. [YONHAP]

Acting Chief Justice of the Constitutional Court Moon Hyung-bae emphasized that “the decisions of the Constitutional Court must be respected” as he and fellow justice Lee Mi-son ended their terms Friday, leaving the court with only seven out of nine seats.

Moon made this remark during his retirement ceremony held on Friday morning at the Constitutional Court’s main auditorium in Jongno District, central Seoul.

At the ceremony, where Moon Hyung-bae and Lee, both appointed by former President Moon Jae-in in 2019, completed their terms, around 150 people including reporters and Constitutional Court staff filled the auditorium.

“Today I conclude my six-year term as a justice,” said Moon Hyung-bae. “I pay my respects to the eight fellow justices who have shared this journey with me.”

Moon, as presiding Acting Chief Justice, was the justice who read out the impeachment verdict regarding former President Yoon Suk Yeol on April 4, stripping Yoon of his position as president.

Moon is the second acting Chief Justice to render a presidential impeachment decision and retire afterward, following former Acting Chief Justice Lee Jung-mi, who handed down the impeachment ruling of former President Park Geun-hye in 2017.

Constitutional Court Acting Chief Justice Moon Hyung-bae and his wife Lee Kyung-ah pledge allegiance to the flag before his and fellow justice Lee Mi-son's leaving ceremony at the court in Jongno District, central Seoul on April 18. [YONHAP]

“In order for the Constitutional Court to fulfill the mission granted by the Constitution, it must issue decisions that are grounded in factual accuracy and sound reasoning, and to achieve this, three things are necessary,” said Moon, citing “diversity in the composition of the bench,” “deep dialogue,” and “respect for decisions.”

Both Moon Hyung-bae and Lee are considered to be progressive-leaning judges, being nominated by former President Moon Jae-in and having begun their terms on April 19, 2019.

With the retirement of the two justices, the Constitutional Court will again operate under a seven-member bench system.

Since Moon Hyung-bae and Lee were both appointed under the president’s nomination quota, their successors must also be appointed by the president.

However, the possibility of filling the two vacancies before the presidential election on June 3 has decreased. This is due to the fact that on Tuesday, two days before the two justices' retirement, the Constitutional Court decided to suspend the effectiveness of current Acting President Han Duck-soo’s nominations of Lee Wan-kyu and Ham Sang-hoon as Constitutional Court justice candidates, effectively halting the entire appointment process.

Former President Yoon Suk Yeol exchanges farewells with his supporters as he leaves the presidential residence in Hannam-dong, Yongsan District, central Seoul on April 11. [NEWS1]

Even if the new president nominates candidates immediately after taking office, considering the procedures including preparation for confirmation hearings, the seven-member system is expected to last for at least the next two months.

On April 9, justice Ma Eun-hyuk was inaugurated, so the bench has maintained a seven-member structure rather than six. This meets the legal quorum required for deliberation and decision-making, but it remains difficult to reach final rulings on major cases.

“To avoid the trap of groupthink and examine issues from diverse perspectives, diversity in the composition of the bench is essential,” Moon said in his speech.

“There must be deeper dialogue between justices, between the bench and the research departments, and between current and former justices,” Moon emphasized.

Constitutional Court Acting Chief Justice Moon Hyung-bae reads out the court's final verdict on former President Yoon Suk Yeol's impeachment case on April 4. The Constitutional Court unanimously decided to strip Yoon of his position as president on this day. [JOINT PRESS CORPS]

Having dealt with major cases including the presidential impeachment trial that led to the second-ever dismissal of a president within a compressed four-month period at the end of his term, Moon further stated, “academic criticism of Constitutional Court decisions should of course be allowed, but personal attacks such as ad hominem arguments should be avoided.”

“In presidential systems, when conflict between the President and the National Assembly escalates and political solutions through dialogue and compromise fail, it is often said that there is no mechanism to resolve the resulting deadlock,” said Moon.

Constitutional Court justice Lee Mi-son receives a bouquet of flowers during her leaving ceremony as she and Acting Chief Justice Moon Hyung-bae complete their terms on April 18. [NEWS1]

Lee, who also ended her term as a Constitutional Court justice Friday, said she felt she had a “weighty scale” inside her heart while serving as a justice.

“With every case, I questioned whether the weights on that scale were balanced properly, and I sometimes worried whether the platform on which that scale stood was tilted,” said Lee.

“There were days when I felt crushed by the weight of that scale, but I tried to remain vigilant to ensure that it did not tip to one side and worked to ensure that the Constitutional Court’s role of protecting the people’s basic rights and upholding constitutional order could be realized,” Lee continued.

“I tried to remain humble to avoid the folly of using my limited experience as a standard to judge situations of rights violations occurring in various areas,” said Lee. “I do feel some regret, wondering if I could have done more with greater intensity, but I consider it an immense honor to have contributed to the protection of the people’s basic rights and the preservation of constitutional order as a member of the Constitutional Court.”

Having worked alongside Moon on numerous impeachment and jurisdiction dispute cases, Lee emphasized, “state institutions must comply with the Constitution.”

Constitutional Court Acting Chief Justice Moon Hyung-bae, second from right, and justice Lee Mi-son, far left, take a commemorative photo with family at the court building in Jongno District, central Seoul, on April 18. [NEWS1]

“This is the mandate of the sovereign people, and a prerequisite for the survival of a liberal democracy,” Lee said. “If state institutions fail to uphold or disregard the Constitution, the order that sustains our society may be shaken.”

Moon was born in 1966 in Hadong, South Gyeongsang Province, and graduated from Seoul National University’s College of Law and completed the 18th class of the Judicial Research and Training Institute.

He was appointed as a judge at the Busan District Court in 1992 and served in courts across the Busan and Changwon areas until becoming a Constitutional Court justice in 2019.

Constitutional Court Acting Chief Justice Moon Hyung-bae leaves the court building in Jongno District, central Seoul, after his leaving ceremony on April 18. [YONHAP]

Justice Lee, born in 1970, made history as the youngest Constitutional Court justice when she was appointed in 2019 at the age of 49. At the time of her retirement on Friday, she is still only 55, far from the retirement age.

Born in Hwacheon, Gangwon, she attended middle and high school in Busan and graduated from the law school at Pusan National University. She is currently the only justice among the nine who did not graduate from Seoul National University.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.

BY KIM JEONG-YEON [[email protected]]