[Anchor]
The opposition party plans to report the impeachment bill at the main session after midnight. The Constitutional Court decides on the impeachment, but currently, 3 out of 9 judges are vacant. We’re going to discuss whether a decision can be made with the six-member system with reporter Kim Jooyoung.
[Reporter]
Once the opposition reports the impeachment bill, what are the procedures that follow?
[Reporter]
After the National Assembly reports the president’s impeachment bill at the main session, it can be passed if two-thirds of all members agree within 24 to 72 hours. Then, the Constitutional Court will conduct a review and decide on the impeachment. For reference, it took 63 days for the court to dismiss the impeachment during former President Roh Moo-hyun’s attempt, and 92 days for former President Park Geun-hye, so it takes about two to three months.
[Anchor]
But currently, only six out of the nine Constitutional Court judges are available, right?
[Reporter]
Yes, the Constitutional Court is composed of nine judges, with three each recommended by the president, the chief justice of the Supreme Court, and the National Assembly. In October, the terms of the three judges recommended by the National Assembly expired. The National Assembly has not yet recommended new candidates, leaving the positions vacant. According to the Constitutional Court Act, significant issues, such as constitutional violations or impeachments, require at least seven judges for a review and the agreement of six judges. However, the impeachment procedure against Chairman Lee Jin-sook of the Broadcasting Commission was delayed because of a lack of quorum, resulting in a suspension request being granted. Now, it is possible to proceed with the review with six judges.
[Anchor]
So, can a decision on the president’s impeachment be made with just six judges?
[Reporter]
This is an unprecedented situation in the legal community, and opinions are divided. Some believe that with the current situation, it is possible to review the impeachment with the six-member system, and if all six agree, a decision can be made.
Jeon Hak-seon / Professor, Korea University Law School
“If all six judges express impeachment opinions, it could signal a strong willingness to resolve the president’s mishap situation early.”
On the other hand, some believe that it’s impossible to start the review, or that while the review is possible, making such a significant decision as presidential impeachment would require legitimacy, thus it should only be decided after appointing the vacant three judges.
Jang Young-soo / Professor, Korea University Law School
“With only six judges, even one dissenting voice means it can’t proceed, which will be hard for the Democratic Party to accept.”
[Anchor]
With opinions so divided, it seems difficult for the Constitutional Court to hastily proceed with the review with only six judges. What process is required to appoint the vacant three judges?
[Reporter]
Perhaps aware of this situation, today the Democratic Party recommended Jeong Kye-sun, Chief Judge of the Seoul Western District Court, and Ma Eun-hyuk, Chief Judge of the Seoul Western District Court. After the National Assembly recommends candidates, they undergo a confirmation hearing, and upon final approval, the president appoints them. Once the National Assembly votes on the impeachment prosecution, President Yoon Suk Yeol’s powers will be suspended, so Prime Minister Han Deok-soo is expected to make the appointments.
[Anchor]
The last step is the appointment procedure by the president, likely acting President Han Deok-soo. But what if he refuses to appoint?
[Reporter]
During the impeachment of former President Park Geun-hye, Constitutional Court Chief Justice Park Han-cheol’s term expired during the trial, and a successor was not appointed, leading to an eight-member final decision. However, since Park Han-cheol was an appointee recommended by the president, it wasn’t feasible for the acting president to appoint a successor, so the position was left vacant. In this case, the three positions are recommended by the National Assembly, without presidential veto power, so unless there are unexpected variables, they must be appointed. It is expected that the entire appointment process could be completed in about a month.
[Anchor]
Yes, even though the impeachment bill is processed in the National Assembly, there are still many steps left. Thank you, reporter Kim.