"Able to Avoid Constitutional Court Paralysis Crisis"
The Presidential Office stated on the 14th that it "respects the Constitutional Court's decision" after the court granted the provisional injunction requested by Broadcasting and Communications Commission Chair Lee Jin-sook to suspend the effect of the Constitutional Court Act provision regulating the quorum of constitutional court justices.
A Presidential Office official said, "With this decision, the anticipated 'Constitutional Court paralysis' expected to materialize from the 18th has been averted."
On the same day, the Constitutional Court unanimously granted Chair Lee's provisional injunction request to suspend the effect of Article 23, Paragraph 1 of the Constitutional Court Act.
The Constitutional Court stated that it would suspend the effect of the part of Article 23, Paragraph 1, which regulates the quorum for cases when a constitutional court justice retires due to term expiration and the position becomes vacant, until the final ruling on the main case confirming unconstitutionality, noting that "there is a possibility it could be deemed unconstitutional."
Chair Lee, who was suspended from duty on August 8 due to impeachment, argued that it was unfair for her impeachment trial not to be held and for her to be indefinitely suspended from duty because of the Constitutional Court Act provision stating that "cases are to be heard with the attendance of seven or more constitutional court justices." She filed a provisional injunction to suspend the effect and a constitutional complaint to confirm unconstitutionality.
With three justices retiring on the 17th, the Constitutional Court was on the verge of being effectively paralyzed from the 18th. However, by accepting the provisional injunction request on this day, the quorum restriction will lose its effect until the ruling on the constitutional complaint confirming unconstitutionality, allowing Chair Lee to continue receiving hearings.
Lee Jin-sook, Chairperson of the Korea Communications Commission, is responding to lawmakers' questions during the National Assembly's Science, Technology, Information and Broadcasting and Communications Committee's audit of the Korea Communications Commission held on the 7th. Photo by Kim Hyun-min kimhyun81@
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