Constitutional Court struggles with vacancies

[Anchor]

However, the Constitutional Court is originally composed of 9 judges, and currently, 3 positions are vacant.

Reporter Oh Dae-seong looked into whether there are any issues with the impeachment trial being conducted with only 6 judges.

[Report]

According to the Constitutional Court Act, at least seven justices are required for case deliberations.

However, since 3 judges recommended by the National Assembly retired last October, the court has been operating with only 6 judges for two months without appointing successors.

This is a significant issue as it needs to handle the serious matter of presidential impeachment, but the required number of judges for deliberation is insufficient.

The prolonged vacancies are due to disagreements between ruling and opposition parties over the nomination process.

However, a request for a provisional injunction filed by Lee Jin-sook, the chairperson of the Korea Communications Commission, who is suspended from duty due to impeachment, was accepted, preventing a paralysis of the Constitutional Court due to the lack of judges.

[Moon Hyung-bae/Acting Chief Justice of the Constitutional Court/Dec. 5: "According to the decision to suspend the effect, I believe we can at least hold a hearing. (Is it possible to reach a decision?) We will discuss that."]

While hearings are now possible, the next issue is the quorum for decisions.

For the impeachment to be upheld, at least 6 judges must agree according to the quorum regulations.

In the current situation of the Constitutional Court with only 6 judges, if just one judge opposes, the impeachment will be dismissed.

Moreover, considering the significance of the impeachment ruling that results in the 'removal of the president', there are opinions that making a decision with only 6 judges will not be easy.

[Noh Hee-beom/Lawyer/Former Constitutional Court Research Officer: "Filling all 9 positions is the most ideal and desirable situation. The purpose of a collegial body is to allow a diverse range of opinions to be thoroughly discussed, debated, and reasoned to ensure fair and prudent decisions."]

After the martial law situation, the National Assembly is speeding up the appointments, with the Democratic Party recommending Jung Gye-seon, the Chief Judge of the Seoul Western District Court, and Ma Eun-Hyeok, the Senior Judge of the Seoul Western District Court, while the People Power Party has recommended lawyer Cho Han-chang.

The Democratic Party plans to process the consent motion for justice appointments within the year.

However, since the president holds the final appointment authority, there is a possibility of refusal. If the presidential impeachment motion passes the National Assembly, the president’s authority will be immediately suspended, transferring the power of appointment to the acting president.

This is KBS News Oh Dae-seong.