The Authority Dispute Trial Requested by Lawmaker Kim Ki-hyun of the Ruling Party Ends After Over 2 Years Without Judgment

Kim Ki-hyun, a member of the People Power Party, filed a constitutional complaint claiming that the suspension from attendance he received during the 21st National Assembly amid the so-called 'complete removal of prosecution investigation rights (Geomsu Wanbak)' discussion was unjust, but the case was terminated due to the expiration of his term. This is because the Constitutional Court's decision was delayed, and both the term of the 21st National Assembly and the term of the Speaker of the National Assembly, who was the subject of the complaint, ended.

Constitutional Court (Photo by Yonhap News)

On the 27th, the Constitutional Court declared the 'termination of the adjudication procedure' for the dispute over authority filed by Kim against the Speaker of the National Assembly, with a unanimous opinion of all justices.

The Constitutional Court stated, "The dispute over authority procedure in this case ended on May 30, 2024, due to the expiration of the 21st National Assembly member's term (the petitioner, Kim)." A dispute over authority, which challenges the infringement of authority, is based on the 'existence of authority,' and since the subject of adjudication disappeared with the end of the 21st National Assembly member's term, the procedure is terminated.

On May 4, 2022, 20 members of the Democratic Party of Korea proposed a disciplinary motion to suspend Kim for 30 days, claiming that he obstructed the meeting by occupying the chair of the Legislation and Judiciary Committee. The Speaker of the National Assembly submitted the motion to the plenary session on May 20 of the same year, and the disciplinary motion against Kim was passed with 150 votes in favor, 109 against, and 9 abstentions out of a total of 268 votes.

In response, on May 24 of the same year, Kim filed a dispute over authority, arguing that the Speaker's announcement of the disciplinary motion's passage infringed on his rights to attend the National Assembly and to deliberate and vote on bills, rendering it invalid. At the same time, he filed a provisional injunction request to suspend the effect of the '30-day suspension from attending the National Assembly' against him.

The provisional injunction was granted on June 3, 2022, suspending the disciplinary effect. However, despite the dispute over authority being under review for more than two years since its filing, a conclusion was not reached before Kim's term expired.