▲ Ma Eun-hyuk, a candidate for new Constitutional Court justice, answers lawmakers' questions at his confirmation hearing at the National Assembly in Seoul, in this Dec. 23, 2024, file photo. (Yonhap)

court-justice

Court to rule on constitutionality of non-appointment of 9th justice

By Lee Haye-ah

SEOUL, Feb. 3 (Yonhap) -- The Constitutional Court is set to rule Monday on the constitutionality of acting President Choi Sang-mok's decision to withhold the appointment of a ninth justice to its bench.

Choi appointed two justices to the court in December but held off on the appointment of opposition-recommended Justice Ma Eun-hyuk, citing the need for a bipartisan consensus.

The issue of appointments to the nine-member bench, which is currently one member short, has been controversial as its composition could affect the impeachment trial of President Yoon Suk Yeol.

Consent by six justices is necessary to uphold his impeachment by the National Assembly over his short-lived Dec. 3 imposition of martial law.

The court is scheduled to deliver its ruling at 2 p.m. on a competence dispute case filed by Assembly Speaker Woo Won-shik against Choi and a petition filed by a lawyer.

At issue is whether Choi's refusal to appoint a justice selected by the Assembly constitutes a violation of parliament's right to choose a justice, as well as the Constitution.

In filing the petition, the lawyer claimed his right to receive a fair trial in other cases deliberated by the Constitutional Court was violated due to Choi's refusal to appoint justices.

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