Constitutional Court to Deliver Impeachment Ruling on President Yoon with Full Panel Including Ma Eun-hyuk and 8 Others

Possibility of Delayed Verdict if Full Nine-Member Panel Delivers Ruling
Acting Prime Minister Choi Weighs Decision... Speaker Woo Won-shik Urges "Prompt Appointment"

On the 27th, the Constitutional Court ruled that Choi Sang-mok, Acting Prime Minister and Minister of Economy and Finance, not appointing Ma Eun-hyuk as a judge candidate was "an infringement on the Constitutional Court's composition rights through the National Assembly's election of judges," drawing attention to whether the impeachment trial decision of President Yoon Seok-yeol will be made with a nine-member panel including Judge Ma.

If the Constitutional Court decides to deliver the verdict with a full nine-member panel, it will have to hold another hearing and go through the procedure of updating the impeachment trial contents conducted so far, which could delay the verdict until mid-March or later. However, since the Constitutional Court has emphasized swift proceedings, the possibility of delivering the verdict with the existing eight-member panel even if Candidate Ma is appointed cannot be ruled out.

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Will the Constitutional Court deliver the impeachment verdict of President Yoon with a ‘full nine-member panel’?

Following the Constitutional Court’s decision, the ball is now in the court of Acting Prime Minister Choi. The Constitutional Court has not yet set a date for the verdict of President Yoon’s impeachment trial. If Candidate Ma is formally appointed as a judge before the verdict, the Court must decide whether to deliver the verdict with a ‘full nine-member panel’ or with the existing ‘eight-member panel.’

If the Court chooses the ‘full nine-member panel,’ it will have to go through the procedure of updating the hearing contents conducted so far. This means playing back audio or video recordings of witness examinations and other evidence investigation procedures, which may require holding several additional hearings. This could delay the impeachment trial verdict beyond the originally scheduled date.

There is also speculation that the Court could simplify the procedure for updating the hearing without holding multiple sessions. In impeachment trials, the Constitutional Court applies criminal procedure laws to the extent that they do not contradict the nature of constitutional trials. Recently, the Supreme Court revised criminal procedure rules to prevent delays caused by renewal procedures when changing trial panels.

On the 20th, the Supreme Court held a meeting of justices and approved partial amendments to the criminal procedure rules focusing on ‘simplification of trial renewal procedures.’ The amendment added a proviso to Article 144 of the criminal procedure rules, ‘Renewal Procedures of Trial Proceedings,’ allowing investigations to be conducted in a simplified manner, such as reviewing transcripts or notifying both parties without listening to all audio recordings. Additionally, Article 132 was amended to require prosecutors, defendants, or lawyers to selectively apply only for evidence related to facts they intend to prove, and to allow the court to dismiss evidence applications that violate this or cause undue delays. According to the Supreme Court, the amended criminal procedure rules will be published in the official gazette on the 28th and take effect immediately. Regarding whether the Constitutional Court will apply these amended rules, a Court official said, “It is a matter for the trial panel to decide after discussion.”

Over the past two months, the Constitutional Court has swiftly conducted the impeachment trial proceedings with an eight-member panel. Therefore, even if Candidate Ma is appointed, there is a prospect that the verdict will be delivered with the eight-member panel excluding Judge Ma. A Court official said, “Since the trial was concluded with eight members, there is a possibility of delivering the verdict as is,” adding, “Whether to deliver the verdict with the existing eight-member panel or to update the trial and deliver it with nine members is a matter for the trial panel to decide.”

Acting Prime Minister Choi unlikely to immediately appoint Candidate Ma… Speaker Woo Won-shik urges ‘prompt appointment’

Despite the Constitutional Court’s decision, Acting Prime Minister Choi is expected to be cautious about appointing Candidate Ma. A Ministry of Economy and Finance official said, “We respect the Court’s decision,” but added, “Acting Prime Minister Choi will carefully review the decision.” This suggests a need for political consideration, as there is a possibility that Prime Minister Han Duck-soo’s impeachment motion could be dismissed by the Court and he could return to office.

Speaker Woo Won-shik held a press conference after the Court’s decision, stating, “Today’s ruling confirmed that the failure of the Acting Prime Minister to appoint the Constitutional Court judge elected by the National Assembly infringed on the Assembly’s authority,” and urged, “Acting Prime Minister Choi should promptly proceed with the appointment process to restore the Constitutional Court’s nine-member panel.”

Hong Yoon-ji, Legal Times Reporter

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※This article is based on content supplied by Law Times.