Justification for Delaying Impeachment of Two Constitutional Court Judges
Burden of Backlash on Livelihood Economy Including Jeju Air Disaster
Opposition Emphasizes Immediate Arrest of Yoon and Recommendation of Special Prosecutor Candidates
The Democratic Party of Korea has decided to temporarily postpone the impeachment of Acting President Choi Sang-mok following his rejection of the 'Double Special Prosecutor Act' (December 3rd Rebellion and Kim Geon-hee) bill. This is because Acting President Choi fulfilled the Constitutional Court's requirement of a 'hearing with at least seven justices' for President Yoon Seok-yeol's impeachment trial by appointing Constitutional Court Justices Jo Han-chang and Jung Gye-seon. The Democratic Party plans to strengthen a two-track strategy to pressure the government and ruling party for a re-vote on the 'Double Special Prosecutor Act,' which Acting President Choi rejected, with the impeachment of President Yoon as their top priority.
On the 2nd, Park Chan-dae, the Democratic Party floor leader, held a policy coordination meeting at the National Assembly and stated, "The suppression of the December 3rd rebellion is an essential measure for restoring people’s livelihoods and normalizing the state," specifying three immediate actions that Acting President Choi must take. Specifically, these are: △ the Corruption Investigation Office for High-ranking Officials, police, and the Joint Cooperation Investigation Headquarters must arrest President Yoon today △ immediate appointment of Constitutional Court Justice Ma Eun-hyuk △ immediate recommendation request for candidates for the permanent special prosecutor for the rebellion.
Floor Leader Park warned, "Delaying the recommendation request for the special prosecutor, which must be done without delay according to the law, is a clear illegal act and constitutes grounds for impeachment due to grounds for accusation and dereliction of duty," adding, "I hope the Acting President keeps in mind that promptly carrying out measures according to the Constitution and laws is the way not to commit sins against the people, the nation, and history."
Park Chan-dae, the floor leader of the Democratic Party of Korea, is speaking at the party strategy meeting held at the National Assembly on the 31st. Photo by Kim Hyun-min
The background behind the Democratic Party’s temporary postponement of Acting President Choi’s impeachment is evaluated as a calculation to minimize political burdens amid political turmoil. It is interpreted as a decision made with the awareness that if 'consecutive impeachments' were carried out amid concerns over the Jeju Air disaster and economic downturn caused by political instability, criticism might arise that the opposition party is focusing solely on political strife.
Another justification for restraining from impeaching Acting President Choi was the Constitutional Court’s establishment of an eight-member bench by appointing two Constitutional Court justices. Until now, there had been ongoing debates about the legitimacy of the Constitutional Court’s unstable six-justice bench regarding President Yoon’s impeachment trial. According to Article 23, Paragraph 1 of the Constitutional Court Act (regulation on quorum for trials), "The Constitutional Court Act stipulates that cases shall be heard with the attendance of seven or more justices." Since the Democratic Party has alleviated the political burden of interpreting the hearing and ruling on President Yoon’s impeachment, a mood has formed to refrain from forcibly impeaching Acting President Choi for the time being.
However, the possibility of impeaching Acting President Choi remains. If Acting President Choi does not appoint the remaining Constitutional Court justice recommended by the opposition party or if the swift arrest of President Yoon does not occur, the impeachment card that was postponed can be taken out at any time. Ahead of the re-vote on the Double Special Prosecutor Act returning to the National Assembly, there is speculation that the Democratic Party may pressure the ruling party through a 'third-party recommendation' method for the national investigation into the rebellion. On the same day, Roh Jong-myeon, the Democratic Party floor spokesperson, said in a back briefing, "Among the Double Special Prosecutor Act, the special prosecutor for the rebellion clearly requires a re-vote more than anything else," adding, "However, we are still considering when to set the timing and how to proceed with the re-vote."
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