Constitutional Court‘s ruling on Ma Eun-hyuk appointment fuels controversy

Feb 28, 2025, 08:06 am

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Constitutional Court justice candidate Ma Eun-hyuk

AsiaToday reporters Nam Mi-kyung & Park Sae-young

The Constitutional Court has ruled that Acting President and Deputy Prime Minister Choi Sang-mok's decision not to appoint Ma Eun-hyuk as a Constitutional Court judge is unconstitutional. This ruling has sparked criticism, suggesting that the court has only fueled controversy rather than resolving the procedural legality issues raised by both the ruling party and the legal community.

However, with the possibility of Prime Minister Han Duck-soo returning to office following the court's dismissal of his impeachment, it is expected that Acting President Choi will not rush to appoint Ma. Consequently, even if Ma is appointed as a judge, it is unlikely to affect the ruling on President Yoon Suk-yeol's impeachment trial.

The Constitutional Court ruled Thursday in favor of National Assembly Speaker Woo Won-shik's authority dispute against Acting President Choi, stating that Choi had infringed upon the National Assembly's right to elect judges. The court emphasized that the National Assembly's right to elect judges is independent and substantial, and the President cannot arbitrarily refuse or selectively appoint judges.

However, the issue of procedural flaws, specifically Speaker Woo's unilateral filing of the authority dispute, divided the judges. Five judges argued that the Speaker could represent the National Assembly without a separate vote, while the remaining three judges believed that the lack of a parliamentary resolution constituted a procedural flaw. Nonetheless, the court concluded that the procedural issue was subsequently addressed when the opposition-led resolution urging Ma's appointment passed the National Assembly on February 14.

President Yoon's legal team criticized the court's decision, accusing it of becoming a political force for the opposition party. They argued that the court's intention was to secure the necessary six votes for Ma's appointment and the President's impeachment trial by initially accepting the authority dispute.

Meanwhile, the Constitutional Court is expected to deliver its ruling on Prime Minister Han Duck-soo's impeachment trial as early as next week. If Han returns to office following the court's dismissal, he is expected to decide on the timing of Ma's appointment.

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