Three Positions for Constitutional Court Appointments Remain Vacant for Over a Month Due to National Assembly Delays
Uncertainty Lingers Over Whether Agreement to Nominate by the 22nd Will Be Fulfilled
Remaining Vacancy Expected for Another Month Even After Appointments
On November 12, the first hearing for the impeachment trial of Lee Jin-sook, the Chairman of the Korea Communications Commission, was held at the Constitutional Court. (Photo = Yonhap News)
[Reporter Han Kwang-beom and Lee Soo-bin, Edaily] The nomination process for Constitutional Court judge candidates, which ruling and opposition party floor leaders agreed to complete by the 22nd, is making little progress due to their ongoing disagreements.
Democratic Party Spokesperson No Jong-myeon stated at a press conference on the 21st after a policy adjustment meeting at the National Assembly, “The negotiations between the ruling and opposition parties on the recommendation of Constitutional Court judges are parallel.”
Regarding the three vacant positions for Constitutional Court judges appointed by the National Assembly, the ruling party favors a customary recommendation of one member each from the ruling and opposition parties, along with one mutually agreed upon candidate. Meanwhile, the opposition party argues for two opposition members and one ruling party member based on the number of seats, leading to a stalemate lasting several months. This has resulted in the Constitutional Court operating abnormally for over a month with only six judges.
Judge Kim Hyeong-du of the Constitutional Court pointed out during the public hearing on November 12 for the impeachment charges against Lee Jin-sook, “It has been a month since the departure of three judges and we have been unable to make decisions. Is it the National Assembly’s intention for the Constitutional Court not to function?”
The opposition party maintains an unyielding stance on recommending two members. Given the accumulation of politically charged issues, such as impeachment motions requiring review, the party cannot concede the appointment of more liberal judges in light of future political dynamics. The Constitutional Court is comprised of three appointees each from the president, the National Assembly, and the chief justice of the Supreme Court, with formal appointments made by the president.
Internally, for quick normalization of the Constitutional Court, there has been a suggestion within the ruling party to consider accepting the “recommendation of two opposition members.” However, they recall the instance last September when the opposition party rejected a ruling party-nominated human rights commissioner in the plenary session. This has led to the ruling party demanding guarantees for the approval of their nominee, further prolonging negotiations.
Even if agreement is reached between the ruling and opposition parties, procedural steps including submission of the election proposal to the National Assembly, formation of a special personnel hearing committee, conducting a personnel hearing, and a plenary session vote on the proposal will require an additional month of vacancy.