Constitutional paralysis has finally stopped...Suspension of 'psychological quorum'

[Anchor]
As the Constitutional Court decided to continue the hearing for the time being even after the three constitutional judges retired, the unprecedented "paralysis" of the Constitutional Court could be avoided.

Lee Jin-sook, chairman of the Korea Communications Commission, accepted the request for provisional injunction, saying that it is unfair for her impeachment trial to be suspended indefinitely due to the vacancy of the judge.

Reporter Kim Tae-won reports.

[Reporter]
Lee Jin-sook, chairman of the Korea Communications Commission, filed a petition for a provisional injunction, saying it would be unfair to stop his impeachment hearing due to a lack of a quorum of judges.The
Constitutional Court accepted all nine judges with a consensus.

The provisions of the Constitutional Court Act, which Chairman Lee took issue with, stipulates that the case will be heard with the attendance of seven or more judges.

However, there was a problem when the National Assembly did not select a successor to Lee Jong-seok, the chief justice of the Constitutional Court, and Lee Young-jin and Kim Ki-young, who are scheduled to retire on the 17th.

As the number of judges becomes six from the next day, the hearing of the Constitutional Court case is bound to be suspended.

In response, the Constitutional Court judged that Chairman Lee is at risk of serious damage that is difficult to recover and that the urgent need to prevent damage is recognized as the judges' retirement is imminent.

If the trial proceedings are suspended for reasons other than trial, it is said to be an excessive restriction on the right to a prompt trial.

explained that if the suspension of the chairman's authority is prolonged, there could be a significant obstacle to the performance of the chairman's duties.

The Constitutional Court stressed that the effect of the decision applies not only to Chairman Lee but also to all citizens who have filed a case with the Constitutional Court.

Subsequently, in the past, it was ruled that the National Assembly had a constitutional obligation to select a successor to the vacant judge on time, but nothing changed.

He also criticized the National Assembly that the people who are not responsible for anything will be disadvantaged by the vacuum.

On the 18th, the Constitutional Court made a decision to avoid the "paralysis" that was feared to become a reality.

However, the provisional injunction decision applies only to the "psychological quorum" for the trial, not the "decision quorum" for the Constitutional Court to make a decision on the case.

For this reason, it seems difficult to rule out the possibility of disruptions in the final stage of the trial if the delay in appointing a successor judge is prolonged.

I'm Kim Taewon of YTN.



Video editing;Yoon Yong-jun

Design;Kim Jin-ho