Constitutional Court to Become a Full Nine-Member Panel... Ruling on Ma Eun-hyeok's Non-Appointment Unconstitutionality Set for July 3

Ruling on 'Unconstitutionality of Inaction in Exercising the Power to Appoint Justices'
Regarding Suspicion of Moon Hyeong-bae's Ties to Lee: "No Influence"

Acting President and Deputy Prime Minister for Economy and Minister of Strategy and Finance Choi Sang-mok's decision not to appoint Ma Eun-hyeok as a Constitutional Court nominee will be ruled on for constitutionality on the 3rd of next month.

On the 21st, ahead of the third hearing of President Yoon Seok-yeol's impeachment trial, police riot squads have increased their vigilance at the main gate of the Constitutional Court in Jongno-gu, Seoul. Photo by Kang Jin-hyeong

On the 24th, Cheon Jae-hyun, the Constitutional Court spokesperson, announced at a regular briefing that the ruling on the constitutional complaint filed by lawyer Kim Jeong-hwan of Dodam Law Firm, regarding the 'unconstitutional inaction of not exercising the appointment right for Constitutional Court justices,' will be delivered at 2 p.m. on the 3rd of next month.

The issue at hand is whether Acting President Choi's refusal to appoint the three Constitutional Court justice nominees selected by the National Assembly constitutes inaction (failure to perform a legally required act) and whether this is unconstitutional. The Constitutional Court is expected to determine in this decision whether the Acting President has an obligation to appoint the justices and whether the claimant's right to a fair trial has been infringed by the non-appointment.

On the 31st of last month, Acting President Choi appointed only Jeong Gye-seon and Jo Han-chang, among the nominees Jeong Gye-seon, Ma Eun-hyeok, and Jo Han-chang selected by the National Assembly, while withholding the appointment of Ma Eun-hyeok. He explained that "no bipartisan agreement on nominee Ma was confirmed." If the Constitutional Court rules that Acting President Choi's failure to appoint the justice violates the Constitution, Choi will be required to appoint nominee Ma. This would finally complete the Constitutional Court's full '9-member structure.'

Additionally, when asked about suspicions of a close relationship between Moon Hyeong-bae, Acting Chief Justice of the Constitutional Court, and Lee Jae-myung of the Democratic Party of Korea, spokesperson Cheon drew a line by citing past rulings. Cheon explained, "Constitutional Court justices independently make judgments according to their conscience as prescribed by law," adding, "Nothing else influences constitutional deliberations." He mentioned, "For example, during Lee's tenure as Governor of Gyeonggi Province, there was a jurisdictional dispute case between Gyeonggi Province and Namyangju City," noting, "At that time, with a 5-4 split decision, Justice Moon sided with Namyangju."

Regarding questions about witnesses in President Yoon Seok-yeol's impeachment trial, Cheon responded, "Park Chun-seop, the Presidential Office's Chief Economic Secretary, is already a confirmed witness, while the adoption of Baek Jong-wook, former 3rd Deputy Director of the National Intelligence Service, has not yet been decided." So far, President Yoon's side has requested a total of 30 witnesses, among whom former Minister of the Interior and Safety Lee Sang-min, Chief Economic Secretary Park Chun-seop, former Minister of National Defense Kim Yong-hyun, and Special Forces 707th Special Mission Group Commander Kim Hyun-tae have been accepted. On the 6th of next month, Commander Kim Hyun-tae of the 707th Special Mission Group and Chief Economic Secretary Park Chun-seop are scheduled to appear as witnesses before the Constitutional Court.