Constitutional Court on 'Impeachment Trial' Likely to Shift to 9-Member Panel by End of December

Opposition Plans to Complete Confirmation Hearings by December

The Constitutional Court, which had been operating with a six-member system, is expected to transition to a nine-member system by the end of the year. The Democratic Party of Korea and others plan to complete the confirmation hearings around Christmas and process the appointment approval without carrying it over into the new year.

According to a Democratic Party official on the 11th, the confirmation hearings for Constitutional Court justice candidates Ma Eun-hyuk, Jeong Gye-seon, and Jo Han-chang are scheduled to be held on the 18th, 19th, and 20th of this month or on the 20th, 23rd, and 24th.

According to the Confirmation Hearing Act, confirmation hearings must be completed within 15 days from the date the appointment approval is referred. The National Assembly has received the 'nomination proposal' for the three candidates recommended by the National Assembly.

There have been concerns about whether impeachment trials can proceed with a six-member panel while President Yoon Seok-yeol's impeachment motion is being discussed in the National Assembly. Although hearings can be conducted, if even one member opposes, the motion can be rejected. Moreover, the completeness of the Constitutional Court's decisions could also become an issue. Completing the procedures in the National Assembly can dispel such controversies.

Regarding the confirmation hearings, the Democratic Party has appointed Representative Kim Han-gyu as the secretary and Representatives Kim Ki-pyo, Kim Nam-hee, Min Byung-duk, Park Hee-seung, Song Ki-heon, and Lee Yong-woo as hearing committee members. The People Power Party has not yet appointed members for the confirmation hearings. However, if the ruling party does not submit a list of hearing committee members, the Speaker of the National Assembly can appoint them.

The Democratic Party plans to expedite the appointment of Constitutional Court justices considering the impeachment situation. A key Democratic Party official said, "The nomination proposal is planned to pass on the 30th," adding, "Even with the opposition party alone, an eight-member system is possible."

Constitutional Court justices elected by the National Assembly must undergo the president's final appointment process. If President Yoon's impeachment motion is passed, the acting president must appoint the justices. There is precedent for Constitutional Court justices being appointed under an acting president system. For example, former Justice Lee Seon-ae was nominated by the Chief Justice of the Supreme Court, underwent a National Assembly confirmation hearing, and was appointed by former Acting President Hwang Kyo-ahn.