Authority Dispute Over Ma Eun-hyuk's Non-Appointment...
"Inaction on Appointment Infringed National Assembly's Right to Constitute Constitutional Court Through Justice Selection"
Acting Prime Minister Choi Unavoidably Obligated to Appoint Candidate Ma
On the 27th, the Constitutional Court unanimously ruled with all eight justices that Acting Prime Minister and Minister of Economy and Finance Choi Sang-mok infringed upon the National Assembly's authority in the case filed by National Assembly Speaker Woo Won-sik regarding the 'non-appointment' of Ma Eun-hyuk as a Constitutional Court justice candidate.
Acting Chief Justice Moon Hyung-bae and constitutional justices are attending a case related to the dispute over the appointment suspension of candidate Ma Eun-hyuk, filed by Woo Won-shik, Speaker of the National Assembly, against Choi Sang-mok, Acting Prime Minister and Minister of Economy and Finance, at the Constitutional Court in Jongno-gu, Seoul on February 27, 2025. Photo by Yoon Dong-joo
The Constitutional Court stated, "Acting Prime Minister Choi's inaction in not appointing candidate Ma, who was elected by the National Assembly, as a justice while serving as Acting President infringed upon the National Assembly's constitutional right to constitute the Constitutional Court through the selection of justices." Accordingly, Acting Prime Minister Choi is effectively obligated to appoint candidate Ma as a Constitutional Court justice. This is because the Constitutional Court's decision is a principle that the executive branch must follow.
If Acting Prime Minister Choi appoints candidate Ma, the Constitutional Court will be composed of nine justices. Consequently, there is a possibility that the impeachment trial of President Yoon, which concluded on the 25th, could be resumed. While the decision to change the composition of the bench lies with the Constitutional Court, the impeachment ruling can be made after establishing a 'nine-member system' to dispel controversies surrounding the 'eight-member system.' However, if the Constitutional Court establishes the nine-member system, it would need to resume the trial and undergo a renewal procedure, which could delay the ruling.
However, even if candidate Ma is appointed as a justice, he may decide to recuse himself from participating in President Yoon's impeachment trial. In that case, the final decision will be made by the eight justices without a separate renewal procedure for the trial. The ruling would then be made in mid-March. Additionally, if Acting Prime Minister Choi complies with the Constitutional Court's decision but delays the prompt appointment of candidate Ma, it would eliminate any impact on the ruling schedule.
Meanwhile, the Constitutional Court is reportedly holding daily deliberations on President Yoon's impeachment case. The deliberations involve all justices attending, with the presiding justice summarizing the issues reviewed, followed by each justice expressing their opinions. According to precedent, it is widely expected within the legal community that the deliberations will continue for about two weeks.
Besides President Yoon, the Constitutional Court is preparing to rule on impeachment trials for five officials of the current administration. The subjects include Prime Minister Han Duck-soo, Board of Audit and Inspection Chairman Choi Jae-hae, as well as three prosecutors: Lee Chang-soo, Chief Prosecutor of the Seoul Central District Prosecutors' Office; Cho Sang-won, Fourth Deputy Chief Prosecutor of the Central District Prosecutors' Office; and Choi Jae-hoon, Head of the Anti-Corruption Division 2 of the Central District Prosecutors' Office. Prime Minister Han concluded his trial on the 19th, Chairman Choi on the 12th, and the three prosecutors on the 24th, respectively.
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