Constitutional Court Operates with '8-Member Panel'... New Justices Jeong Gye-seon and Jo Han-chang to Inaugurate Tomorrow

With the inauguration of two new justices, Jeong Gye-seon and Jo Han-chang, the Constitutional Court has temporarily started operating with an '8-member system.' It still lacks one justice to reach the 'full 9-member complement.'

On this day, the Constitutional Court announced through a press release that the inauguration ceremony for the two new justices would be held at 10 a.m. on the 2nd at the Constitutional Court auditorium in Jongno-gu, Seoul. Their terms run from the 1st until December 31, 2030. Although the full quota of nine justices has not been filled, the Constitutional Court Law's requirement for a '7-member panel' can now be met.

Choi Sang-mok, Acting Prime Minister and Minister of Economy and Finance, appointed Justices Jeong and Jo, excluding candidate Ma Eun-hyeok, from the three nominees elected by the National Assembly the previous day. Justice Jeong was recommended by the Democratic Party, and Justice Jo was recommended by the People Power Party.

As a result, the Constitutional Court can now resolve the ongoing controversy regarding the quorum for adjudication. Article 23, Paragraph 1 of the Constitutional Court Act, which stipulates the quorum, states that "the tribunal shall deliberate on cases with the attendance of seven or more justices." Constitutional adjudication requires the attendance of at least seven justices to deliberate on cases and a majority vote of the justices involved in the final deliberation to decide.

However, in cases involving decisions on the unconstitutionality of laws, impeachment, dissolution of political parties, or acceptance of constitutional complaints, or when changing opinions on the interpretation and application of the Constitution or laws previously ruled by the Court, at least six justices must agree. Previously, the Constitutional Court accepted a provisional injunction filed by Lee Jin-sook, the impeached Chairperson of the Korea Communications Commission, temporarily suspending the effect of this provision and proceeded with deliberations under a six-member system.