The Constitutional Court reiterated its position that the appointment procedure for Ma Eun-hyuk as a Constitutional Court Justice must be carried out. Speaker Woo Won-sik disclosed the Constitutional Court's written response, emphasizing that Acting President and Prime Minister Han Duck-soo must appoint Justice Ma.
On the 7th, Speaker Woo introduced the written response from the Constitutional Court, stating that Acting President Han was judged to be failing to fulfill his constitutional duty by not appointing Justice Ma.
In the written response, the Constitutional Court stated, "The President bears the constitutional duty to appoint Constitutional Court Justices elected by the National Assembly, and when the President is unable to perform his duties due to vacancy or accident, the Prime Minister acting on behalf of the President also bears the same constitutional duty. The inaction of the Acting Prime Minister in not appointing Justice Ma, elected by the National Assembly, infringes upon the Constitutional Court's composition rights."
Furthermore, the Constitutional Court said, "Appointing only two of the three Justices elected by the National Assembly and failing to appoint the remaining one constitutes a failure to fulfill a specific constitutional duty. When a decision to accept a petition against such inaction is made, the respondent must take measures according to the decision's intent, and the Constitutional Court's decision on disputes over authority binds all state agencies and local governments." This reconfirmed that Acting President Han must appoint Justice Ma.
Regarding this, Speaker Woo stated, "Former President Yoon was dismissed from the presidency through the Constitutional Court's impeachment trial on the 4th, and thus, the emergency martial law declared on December 3 by former President Yoon was clearly unconstitutional, and any acts supporting it are also unconstitutional. Acting President Han must immediately cease any further constitutional violations and appoint Justice Ma in accordance with the Constitutional Court's decision."
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