Moon Hyungbae, Acting Chief Justice of the Constitutional Court, and Imisun Lee, Constitutional Court Justice, retired on April 18 after completing their six-year terms as justices of the Constitutional Court. In his farewell address, Moon emphasized the need for respect for the decisions of the Constitutional Court.
At the retirement ceremony held at 11:00 a.m. in the main auditorium of the Constitutional Court in Jaedong, Seoul, Moon stated, "While academic criticism of Constitutional Court decisions should, of course, be permitted, personal attacks such as ad hominem arguments should be avoided."
He said, "It is often said that in presidential systems, when conflicts between the president and the National Assembly escalate and political solutions through dialogue and compromise break down, there are no mechanisms to resolve the resulting deadlock." He continued, "However, according to the design of the Constitution, the Constitutional Court can issue decisions in procedures such as competence disputes that are based on facts and validity, and if constitutional institutions respect these decisions, a path to resolving the deadlock is opened. The constitutional path based on checks and balances will become even stronger through respect for the decisions of the Constitutional Court."
Regarding the composition of the bench, Moon stated, "Diversifying the composition of the justices is necessary both to avoid the pitfalls of groupthink and to examine issues from various perspectives." He added, "To this end, I believe that constitutional researchers or professors with extensive practical experience in constitutional law should be given the opportunity to become Constitutional Court justices."
He also said, "Deeper dialogue is needed between justices, between the bench and the research department, and between current and former justices of the Constitutional Court." He explained, "Dialogue includes the process of listening attentively to others' opinions and the process of reflecting and modifying one's own views afterward."
Imisun Lee, who also retired on the same day, shared in her farewell address, "I have strived to ensure that the function of constitutional adjudication?to guarantee the fundamental rights of the people and safeguard the constitutional order?could be realized while remaining vigilant against any bias."
Justice Lee stated, "When state institutions do not comply with or disregard the Constitution, the order that supports our society can be shaken." She continued, "I ask that the Constitutional Court, as it has done so far, continue to devote itself fully to protecting the fundamental rights of the people and upholding and maintaining the constitutional order so that the normative force of the Constitution is not undermined."
With this retirement, the Constitutional Court will once again operate with seven justices. According to the Constitutional Court Act, major cases can still be deliberated with seven justices. Acting Chief Justice duties will be assumed by Justice Kim Hyeongdu, based on the order of appointment.
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