Constitutional Court to rule on Acting President's partial bench appointment

A day before President Yoon Suk Yeol's impeachment trial resumes after the Lunar New Year holiday, the Constitutional Court will rule on another major case regarding its own judicial vacancy.

Oh Soo-young has the details.

The Constitutional Court will decide whether Acting President Choi Sang-mok should have appointed a third judge to fill the court bench's remaining seat a crucial ruling as the bench deliberates on President Yoon Suk Yeol's impeachment trial.

On Monday, the 8-member bench will deliver a verdict on a competence dispute filed by National Assembly Speaker Woo Won-shik against the Acting President's decision to appoint only two out of the three candidates recommended the Assembly.

Under pressure from both ends of the political spectrum, Choi in late-December chose to instate two candidates one recommended by the ruling party and one by the opposition party. But he omitted left-leaning judge Ma Eun-hyuk, saying there should be bipartisan agreement on the third candidate.

The Assembly's resolution to appoint the judges was forced through by the majority-holding opposition party, which recommended two left-leaning candidates.

The Speaker, who comes from the opposition party, claims Choi has disregarded the parliament's decision, by only partially enacting the resolution.

The ruling People Power Party, however, have called for the case to be scrapped, and say the Speaker's competence dispute bypassed a formal vote at the National Assembly.

The Court's composition is a particularly sensitive issue, amid President Yoon's trial, which requires a two-thirds majority vote to uphold his impeachment.

The ruling party, and Yoon's supporters have raised concerns about the political orientation of the bench,. with the President's legal team requesting the recusal of three Justices on Saturday, citing their connections to a left-leaning legal organisation, and their associations with key figures espousing Yoon's impeachment.

If the Court finds Choi Sang-mok's partial appointment unconstitutional, there would be significant pressure on the Acting President to appoint Ma Eun-hyuk as the ninth justice to the bench.

However, as the ruling is not binding, observers say it is likely Choi would sustain the eight-member bench until a compromise is reached between the ruling and opposition parties.

Oh Soo-young, Arirang News.