Debate over acting president's authority to appoint judges

[Anchor]

Regarding this political debate, the Constitutional Court has expressed the opinion that the acting president can appoint constitutional judges.

It also clarified that discussions are ongoing on whether a verdict in the impeachment trial can be reached with only six judges.

This is a report by Shin Soo-bin.

[Report]

About three weeks after the Constitutional Court decided to remove former President Park Geun-hye, who was subject to impeachment in 2017.

Hwang Kyo-ahn, the acting president at the time, appointed Lee Seon-ae as a judge to succeed the retired Lee Jung-mi.

This was the acting president exercising the authority to appoint constitutional judges.

The Constitutional Court cited this case today (12.17), stating that Acting President Han Duck-soo can exercise the appointment authority for the judge candidates recommended by the National Assembly.

[Kim Jung-won/Secretary-General, Department of Court Administration: "We believe that the acting president can exercise the appointment authority for the judges of the Constitutional Court."]

However, Hwang's appointment of judges occurred after the decision to remove President Park.

This raises legal debate over whether an acting president can exercise this authority when the president is not vacant but suspended from duties.

If Acting President Han Duck-soo does not appoint additional justices, maintaining the current six-member bench, there are concerns that reaching a verdict in President Yoon’s impeachment trial could face challenges.

While decisions can proceed with six judges, the gravity of a presidential removal could spark questions over procedural legitimacy.

[Noh Hee-beom/Lawyer/Former Researcher at the Constitutional Court: "The requirement for at least seven judges emphasizes the need for thorough debate and deliberation in a collegial body. Ideally, vacancies should be filled quickly to ensure proper proceedings."]

When asked if the Constitutional Court could deliver a verdict with only six judges, court officials responded that “the matter is under discussion.”

KBS News, Shin Soo-bin.