Johanchang and Jeong Gyesun Sworn in as Constitutional Court Justices... Likely to Accelerate Deliberation on 'Yoon Impeachment Case'

Solving the 7-Member Psychological Quorum Issue
Two Judges' Retirement and Verdict Expected Before April 18

With the appointment of Constitutional Court Justices Jo Han-chang and Jeong Gye-seon, the Constitutional Court, now composed of eight members, is expected to accelerate the trial of the impeachment case against President Yoon Seok-yeol.

In addition to President Yoon's case, the Constitutional Court, which is currently hearing several impeachment and jurisdictional dispute cases, is expected to appropriately distribute cases and conduct simultaneous hearings, while prioritizing the impeachment trial of President Yoon to reach a conclusion.

At the inauguration ceremony for new justices held on the 2nd at the Constitutional Court auditorium in Jung-gu, Seoul, justices including Jeong Gye-seon (third from the right) and Jo Han-chang (fourth from the right) are performing the national salute. The Constitutional Court is expected to accelerate the impeachment trial of President Yoon Seok-yeol with an eight-justice panel in the new year. Photo by Jo Yong-jun

On the morning of the 2nd, an inauguration ceremony for the two new Constitutional Court Justices was held at the Grand Bench of the Constitutional Court. Both justices expressed a sense of crisis regarding the current national situation and a heavy sense of responsibility in their inaugural speeches.

Justice Jo said, "Although this is an honorable position, more than that, my heart is heavy and even fearful due to the public's contemporary demands on the Constitutional Court and the responsibility and mission that follow constitutional values in the current situation of the Republic of Korea."

At the end of his speech, he also quoted a passage from a book written by Albie Sachs, the first Constitutional Court Justice of South Africa: "When a nation is put on the experimental stand, if a judge does not declare through their ruling what the country fundamentally exists for, they have not fulfilled their calling as a judge."

Justice Jeong said, "We are now adrift in the midst of a storm," adding, "Without considering personal interests, by carefully observing, listening evenly, and gathering consensus to indicate the direction pointed by the Constitution, the mission of the Constitutional Court to protect the constitutional order of the Republic of Korea and guarantee the fundamental rights of the people is heavier than ever."

With the two justices beginning their terms on the 1st and resolving the issue of the seven-member quorum for hearings, the Constitutional Court is expected to focus on the impeachment trial of President Yoon. Justices Jo and Jeong are scheduled to join the full bench immediately after their inauguration ceremony and attend the subsequent judges' meeting.

The Constitutional Court is expected to hold a second preparatory hearing on the 3rd and proceed with formal hearings later this month. The two new justices previously stated during the National Assembly confirmation hearings that the December 3 emergency martial law incident was "an illegal measure declared without meeting the legal requirements."

Currently, besides President Yoon's case, the Constitutional Court has pending impeachment cases against Prime Minister Han Deok-su, Minister of Justice Park Seong-jae, Commissioner of the National Police Agency Cho Ji-ho, Chairman of the Board of Audit and Inspection Choi Jae-hae, Chief Prosecutor of the Seoul Central District Prosecutors' Office Lee Chang-su, and Chairperson of the Korea Communications Commission Lee Jin-suk. Additionally, there are jurisdictional dispute cases recently filed by President Yoon against Public Officials Corruption Investigation Unit Chief Oh Dong-woon and the judge in charge of warrants at the Seoul Western District Court, as well as provisional injunction cases suspending the effect of arrest warrants. There is also speculation that the two new justices may be reassigned as the presiding justices for impeachment cases currently divided among five justices, excluding Acting Chief Justice Moon Hyeong-bae.

Article 51 of the Constitutional Court Act stipulates that when a criminal trial is underway for the same reasons as an impeachment trial, the court may suspend the impeachment proceedings. In President Yoon's case, acts constituting the crime of insurrection, such as the "illegal declaration of emergency martial law" and "illegal attempts to arrest or detain political figures including the Speaker of the National Assembly," are simultaneously grounds for impeachment. Considering that the first trial verdict in the criminal case will take several months, it is highly likely that the Constitutional Court will swiftly conclude the impeachment trial without suspending the proceedings and decide on President Yoon's removal. Legal circles widely expect the Constitutional Court to reach a conclusion before April 18, when Acting Chief Justice Moon and Justice Lee Mi-seon will retire.