Disadvantages fall on the people: What is the meaning behind the ‘six-judges system’?

입력 2024.10.14 (22:25)

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[Anchor]

The Constitutional Court has stated that if the court's functions are paralyzed due to quorum issues every time a constitutional judge retires, the citizens' right to a speedy trial will be infringed.

On Oct. 17th, three constitutional judges will retire simultaneously, and if the National Assembly does not promptly recommend their successors, the six-member judge system is expected to continue for the time being.

Next, Kim Tae-hoon reports.

[Report]

"The disadvantages caused by the vacancy of judges will be borne by citizens who are not responsible at all," is the key reason for the Constitutional Court's recent decision to grant a provisional injunction.

If the 'six-member judge system' paralyzes the functions of the Constitutional Court, not only the chairperson Lee Jin-sook but all citizens will inevitably have their 'right to a speedy trial' infringed.

[Lee Jin/Spokesperson of the Constitutional Court: "Even if some vacancies occur due to the expiration of terms, this decision was made to ensure that the protection of citizens' rights and the functions of constitutional trials do not stop, thereby guaranteeing the right to request trials for all citizens."]

Furthermore, it pointed out that "it is a serious problem that the vacancy issue keeps occurring despite the fact that the retirement of judges is naturally expected," and noted that "there are no supplementary measures like acting judges, which raises the possibility that the relevant provisions could be deemed unconstitutional."

With this decision, the remaining six judges are expected to be able to conduct hearings on constitutionality, impeachment, and party dissolution, as well as issue rulings for the time being.

However, for the Constitutional Court to make decisions on constitutionality or impeachment, the support of at least six judges is still required.

All remaining judges must agree for a ruling to be possible.

The Constitutional Court stated that if the opinions of the six judges are evenly divided, they can wait for the appointment of the remaining three judges to make a decision.

Therefore, significant cases with social repercussions, such as the impeachment trial of Chairperson Lee or the abolition of the death penalty, are expected to reach conclusions only after the nine-member composition of judges is completed.

This is KBS News, Kim Tae-hoon.

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  • Disadvantages fall on the people: What is the meaning behind the ‘six-judges system’?
    • 입력 2024-10-14 22:25:16
    News 9
[Anchor]

The Constitutional Court has stated that if the court's functions are paralyzed due to quorum issues every time a constitutional judge retires, the citizens' right to a speedy trial will be infringed.

On Oct. 17th, three constitutional judges will retire simultaneously, and if the National Assembly does not promptly recommend their successors, the six-member judge system is expected to continue for the time being.

Next, Kim Tae-hoon reports.

[Report]

"The disadvantages caused by the vacancy of judges will be borne by citizens who are not responsible at all," is the key reason for the Constitutional Court's recent decision to grant a provisional injunction.

If the 'six-member judge system' paralyzes the functions of the Constitutional Court, not only the chairperson Lee Jin-sook but all citizens will inevitably have their 'right to a speedy trial' infringed.

[Lee Jin/Spokesperson of the Constitutional Court: "Even if some vacancies occur due to the expiration of terms, this decision was made to ensure that the protection of citizens' rights and the functions of constitutional trials do not stop, thereby guaranteeing the right to request trials for all citizens."]

Furthermore, it pointed out that "it is a serious problem that the vacancy issue keeps occurring despite the fact that the retirement of judges is naturally expected," and noted that "there are no supplementary measures like acting judges, which raises the possibility that the relevant provisions could be deemed unconstitutional."

With this decision, the remaining six judges are expected to be able to conduct hearings on constitutionality, impeachment, and party dissolution, as well as issue rulings for the time being.

However, for the Constitutional Court to make decisions on constitutionality or impeachment, the support of at least six judges is still required.

All remaining judges must agree for a ruling to be possible.

The Constitutional Court stated that if the opinions of the six judges are evenly divided, they can wait for the appointment of the remaining three judges to make a decision.

Therefore, significant cases with social repercussions, such as the impeachment trial of Chairperson Lee or the abolition of the death penalty, are expected to reach conclusions only after the nine-member composition of judges is completed.

This is KBS News, Kim Tae-hoon.

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