[AK Radio] Constitutional Court Likely to Deliver Verdict on the 14th with an '8-Member Panel'

March 14 May Become the 'Fateful Friday'
Ruling Likely to Be Delivered by the Eight-Member Court Regardless of Ma Eun-hyuk

Political tensions are escalating over the appointment of Ma Eun-hyuk as a Constitutional Court Justice nominee. While the Democratic Party is urging a swift appointment, the People Power Party maintains opposition, citing political bias. The Democratic Party refuses to sit at the same table with Choi Sang-mok, the Acting Prime Minister and Minister of Strategy and Finance, who has not appointed Ma. The National Policy Council meeting is being held with only ruling and opposition party members present. This has caused disruptions in discussions on key issues such as supplementary budgets, pension reform, and the Semiconductor Special Act.

Constitutional Court justices are conducting the impeachment trial hearing of President Yoon Seok-yeol.

The reason Ma Eun-hyuk’s appointment is drawing attention is that it could influence the timing and form of the impeachment ruling. The Constitutional Court is currently holding deliberations on the 5th and 7th, having completed the final arguments over 11 sessions on February 25. Looking at past cases, the impeachment ruling for former President Roh Moo-hyun was made 14 days after the end of arguments, and for former President Park Geun-hye, 11 days after. Based on this, it is natural to expect the current impeachment ruling around March 10. Considering that both former presidents’ rulings were delivered on Fridays, there is speculation about rulings on the 7th or 14th. Since deliberations are also scheduled for the 7th, the legal community is leaning toward a ruling on the 14th.

The conflict between the ruling and opposition parties is intensifying over the appointment of Ma Eun-hyuk as a Constitutional Court Justice candidate.

The key issue is whether the current eight Constitutional Court Justices will make the decision as is. The legal community largely expects a conclusion under the current eight-member system. First, the Constitutional Court has emphasized 'swift proceedings.' If Ma Eun-hyuk joins, the renewal of arguments could delay the process by 3 to 4 weeks or more. Second, to avoid controversy over Ma’s political bias, since the People Power Party claims he is disqualified as a justice, concluding with the current eight members could reduce bias concerns. Third, there are precedents of important decisions made with eight justices. In 2017, the impeachment ruling for former President Park Geun-hye was made after Justice Yoo Nam-seok’s appointment, and in December 2023, a ruling was made three days after Justice Jung Young-sik’s appointment, both with eight justices.

However, there is debate over what to do if the opinions of the eight justices are divided. A presidential removal decision requires at least six justices’ approval. If the justices are split 5 to 3, some argue that the ruling should wait until there are nine justices. Others contend that as long as procedures are properly followed, a conclusion can be reached with the current eight justices without issue.

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In past impeachment rulings for former Presidents Roh Moo-hyun and Park Geun-hye, decisions were unanimous, but there is speculation this time it may not be. Due to legal amendments, justices must now indicate their opinions by name in the decision document. In this context, views coexist that expressing minority opinions helps reduce social conflict, while others believe unanimity is more desirable. Ultimately, the decision rests with the court.