Opposition parties are speeding up impeachment...Is the Constitutional Court's 'Three Vacancies' Variable?

When President Yoon passes the impeachment motion, the ball goes to the Constitutional Court

Constitutional Court, 'Six-member System'...Three National Assembly Recommendations Not Appointed

The Constitutional Court said, "Even with a six-member system, impeachment cases can be heard and decided."

[Anchor]
As the opposition parties begin to impeach President Yoon Suk Yeol in earnest, saying they will hold him accountable for the "emergency martial law incident," attention is also being paid to the Constitutional Court, which will make the final decision.

The fact that the Constitutional Court is a "six-member system" with three judges vacant is likely to serve as a variable in the future.

Reporter Choi Min-ki's report.

[Reporter]
While the opposition party is speeding up the impeachment of President Yoon Suk Yeol, the ball goes to the Constitutional Court if the impeachment is passed.

After a hearing, the Constitutional Court will make a final decision on whether to dismiss President Yoon,
The
variable is that the Constitutional Court is now a 'six-member system' in which three out of nine judges are vacant.

This is because three people recommended by the National Assembly have not been appointed since the retirement of former judges Lee Jong-seok, Lee Young-jin, and Kim Ki-young.

According to the Constitutional Court Act, the Constitutional Court can hear a case only when at least seven judges are present, and in the case of impeachment, more than six people must approve it to make a decision.

However, the Constitutional Court is currently in a position that both the hearing and decision of the impeachment case can be made under the six-member system.

The grounds are that Lee Jin-sook, chairman of the Korea Communications Commission, who is undergoing impeachment proceedings, filed an injunction request, saying it is unfair to stop the hearing due to a "lack of quorum."

However, it is unclear whether a decision on the actual impeachment case can be made in the six-member system.

There is a limit to not being able to make a decision if all six judges are not the same,

[Lee Heon-hwan / Professor of Ajou University School of Law (YTN appearance): If all six members agree, that alone can lead to impeachment, but if even one of the six members opposes it, the hearing can proceed, but the decision cannot be reached.]

Considering the weight of the matter, some say that the Constitutional Court must deal with the case after it has a normal system to secure greater legitimacy.

As if to take this into account, the Democratic Party of Korea has suddenly recommended Ma Eun-hyuk, a senior judge at the Seoul Western District Court, and Jeong Gye-seon, the head of the Seoul Western District Court, as candidates for the Constitutional Court.

If the impeachment bill passes the National Assembly, President Yoon's duties will be suspended, so the acting president is expected to appoint a new judge.

I'm YTN's Choi Min Gi.