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Acting president's appointment of 2 justices complicates matters for rival parties

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Rep. Lee Jae-myung, leader of the main opposition Democratic Party of Korea, lays a flower to mourn the victims of the Jeju Air crash at a memorial set up in Gwangju, Wednesday. Yonhap

Rep. Lee Jae-myung, leader of the main opposition Democratic Party of Korea, lays a flower to mourn the victims of the Jeju Air crash at a memorial set up in Gwangju, Wednesday. Yonhap

Constitutional Court expected to speed up Yoon's impeachment trial
By Lee Hyo-jin

Acting President Choi Sang-mok's appointment of two Constitutional Court justices, along with his veto of opposition-led special probe bills, further complicated the strategies of the rival parties, political analysts said Wednesday.

The decision, which satisfied neither the ruling People Power Party (PPP) nor the main opposition Democratic Party of Korea (DPK), is expected to force both parties to reconsider their aggressive strategies and seek compromise on the special probe bills, according to analysts.

During a Cabinet meeting on Tuesday, Choi approved the appointment of two justices — Jung Gye-seon and Cho Han-chang — each nominated by the DPK and the PPP. He deferred the appointment of Ma Eun-hyeok, nominated by the DPK, citing the need for a bipartisan compromise.

The decision came as the DPK demanded the swift appointment of justices to fill three vacancies on the nine-member Constitutional Court, as a full bench would increase the likelihood of endorsing President Yoon Suk Yeol's impeachment.

At the meeting, Choi vetoed two special probe bills, one targeting Yoon's botched martial law imposition and the other on corruption allegations against first lady Kim Keon Hee. Both bills, pushed by the opposition bloc, have been firmly opposed by the ruling party. Choi said certain clauses in the bills were deemed unconstitutional, calling for bipartisan negotiations.

Rep. Kwon Young-se, center, interim leader of the ruling People Power Party, speaks to reporters at the National Assembly in Seoul, Wednesday. Yonhap

Rep. Kwon Young-se, center, interim leader of the ruling People Power Party, speaks to reporters at the National Assembly in Seoul, Wednesday. Yonhap

The acting president's decisions prompted criticism from both parties.

The PPP said Choi's "unilateral decision," which was announced without prior discussion with the party, is unconstitutional. The party argued that an acting president does not have the legal authority to appoint justices.

"The decision to appoint justices is highly regretful, and he will not be able to avoid responsibility and scrutiny for his actions," PPP interim leader Rep. Kwon Young-se said Wednesday.

The DPK, meanwhile, criticized the acting president for not appointing all three justices.

"The selective decision on the appointment of justice candidates is not stipulated in the Constitution. Furthermore, the rejection of the special prosecutor bills exceeds the authority of an acting president and can be considered an abuse of power. These actions provide sufficient grounds for Choi's impeachment," Rep. Park Sung-joon of the DPK said during an interview with MBC.

The main opposition party, which holds a parliamentary majority, had threatened to remove Choi if he refused to cooperate on justice appointments and approve the special probe bills. Last week, the party impeached former acting President Han Duck-soo over his refusal to immediately appoint the justices.

This combined photo shows Jung Gye-seon, left, and Cho Han-chang, who have been appointed as Constitutional Court justices by acting President Choi Sang-mok on Tuesday. Yonhap

This combined photo shows Jung Gye-seon, left, and Cho Han-chang, who have been appointed as Constitutional Court justices by acting President Choi Sang-mok on Tuesday. Yonhap

However, the chances of the DPK actually pushing ahead with the acting president's impeachment remain slim, according to Park Chang-hwan, a political science professor at Jangan University. He noted that Choi's strategic decision has complicated the opposition's strategy.

"Since Choi partially accepted the DPK's demands to swiftly appoint justices, it would be awkward for the opposition to proceed with his impeachment. For now, the DPK is expected to soften its threats against the acting president," Park told The Korea Times.

With the nation in disarray amid ongoing political turmoil — aggravated by Sunday's Jeju Air plane crash that killed 179 people — the opposition is expected to tone down its political disputes and shift its focus to addressing public concerns.

"With a snap presidential election possibly approaching, the DPK may need to adjust its strategy to stabilize state affairs and prioritize people's livelihoods. Revising the special probe bills to make them more negotiable with the PPP could be a logical next step for them," Park said.

The special probe bills submitted by the DPK grant exclusive nomination rights for the special counsel to the opposition parties, a clause criticized as undermining neutrality.

As such, revising the bills to allow a third party to recommend the special prosecutor — one of PPP's demands — could pave the way for negotiations. Some PPP members have signaled a willingness to engage in discussions on the special probe bills if the "unconstitutional" clauses are removed.

Police officers guard the main entrance of the Constitutional Court in Jongno District, Seoul, Wednesday. Yonhap

Police officers guard the main entrance of the Constitutional Court in Jongno District, Seoul, Wednesday. Yonhap

8-member Constitutional Court

Choi's appointment of two justices has brought the Constitutional Court to eight members, ensuring the quorum needed for Yoon's impeachment trial. The impeachment ruling against former President Park Geun-hye in 2017 was delivered by an eight-member bench, suggesting that Yoon's trial could proceed under the same conditions.

Under the law, the Constitutional Court must deliberate impeachment cases with at least seven justices present and deliver a ruling with the consent of at least six.

With the current eight-member composition, the chances of upholding the impeachment have increased. Unlike the previous six-member system, which required a unanimous decision, the eight-member system allows the impeachment motion to be upheld even if one or two justices dissent.

The court is expected to expedite its proceedings, with observers predicting a ruling could be delivered before April 18, when two justices — Moon Hyung-bae and Lee Mi-sun — are set to leave office.

A court spokesperson said Tuesday that it will "prioritize the president's impeachment trial" over other cases.

Lee Hyo-jin lhj@koreatimes.co.kr


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