Court delays ruling on legality of acting president’s refusal to appoint justice

Feb 04, 2025, 06:30 am

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The Constitutional Court postponed the ruling on the constitutionality of acting President Choi Sang-mok’s decision to withhold the appointment of a ninth justice to the bench. In the photo, citizens are seen passing by the screen notice at the Constitutional Court in Seoul on Jan. 3, 2025./ Source: Yonhap

AsiaToday reporter Nam Mi-kyung

The Constitutional Court on Monday postponed a ruling on whether acting President Choi Sang-mok violated the Constitution or infringed on the National Assembly's authority by not appointing Ma Eun-hyeok as a Constitutional Court justice.

Despite the controversy over ‘procedural defects,’ the Constitutional Court, which was about to conclude a month after the National Assembly’s request for a trial, suddenly changed its position to resume its argument two hours before the ruling. Analysts say that the Constitutional Court may have acknowledged the "procedural problem" on its own. Regarding the fact that the Constitutional Court mentioned to acting President Choi at a briefing ahead of the announcement of the postponement of the ruling, "It is unconstitutional to disobey the decision of the Constitutional Court," some point out that the Constitutional Court is playing politics, not trial.

According to the legal community on Monday, the Constitutional Court announced that it will resume the argument of the power dispute trial filed by National Assembly Speaker Woo Won-sik and hold the argument at 2 p.m. next Monday. It has postponed indefinitely without specifying the date for the trial of the constitutional appeal filed by lawyer Kim Jung-hwan.

The judges held a meeting Monday morning to discuss whether to issue the ruling or not. It is said that some judges decided to accept the request for the resumption of the hearing, judging that it is necessary to further confirm the facts from Acting President Choi.

As the Constitutional Court focused on judging Ma's appointment, criticism has been raised not only in politics but also in the legal community. It has set aside several impeachment trials, including Prime Minister Han Duck-soo and Board of Audit and Inspection Chairman Choi Jae-hae.

As the Constitutional Court postponed the ruling, it is said that the court admitted the procedural flaws that have been raised so far. "The Constitutional Court rejected all applications for evidence from the parties and hurriedly concluded the judgment without checking the facts," lawyers for President Yoon Suk Yeol said. "It is time for the Constitutional Court to positively respond to the public's expectations for a fair and reliable hearing."

However, it is expected to be controversial that the Constitutional Court has publicly demanded that Acting President Choi give in to the Constitutional Court's decision as it seeks to secure procedural legitimacy by postponing ruling over Ma's appointment. "If Choi fails to comply with the Constitutional Court's decision on Ma's appointment, it constitutes a violation of the Constitution," said the court’s press officer Shin Jae-hyun.

#constitutional court #legality #justice #Choi Sang-mok