Moon Hyung-bae, Acting Chief Justice of the Constitutional Court, stated on the 5th that the Constitutional Court can hear cases even with a panel of six justices, but whether it can make decisions requires further discussion.
Acting Chief Justice Moon said to reporters while arriving at the Constitutional Court in Jongno-gu, Seoul, in the morning, "Regardless of specific cases, I think that at least oral arguments can be held according to the provisional suspension order on Article 23, Paragraph 1 of the Constitutional Court Act." However, when asked whether a judgment can be rendered after the oral arguments, he replied, "That will be discussed."
Currently, the Constitutional Court, which has a full complement of nine justices, is operating with six justices due to the absence of appointed successors. According to Article 23, Paragraph 1 of the Constitutional Court Act, "case hearings require seven justices," but last October, the Court accepted the provisional injunction application filed by Lee Jin-sook, Chairperson of the Korea Communications Commission, and ruled that "cases under hearing can continue even if the Court operates with six justices."
However, there is a division of opinion within the legal community on whether the Constitutional Court can make not only hearings but also decisions with a six-justice panel.
Regarding the unconstitutionality of the emergency martial law declared by President Yoon Seok-yeol, Acting Chief Justice Moon said, "There has been no discussion so far."
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