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Court postpones ruling on constitutionality of non-appointment of 9th justice

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New Constitutional Court justice candidate Ma Eun-hyuk answers lawmakers' questions at his confirmation hearing at the National Assembly in Seoul, Dec. 23, 2024. Yonhap

New Constitutional Court justice candidate Ma Eun-hyuk answers lawmakers' questions at his confirmation hearing at the National Assembly in Seoul, Dec. 23, 2024. Yonhap

The Constitutional Court postponed its ruling Monday on the constitutionality of acting President Choi Sang-mok's decision to withhold the appointment of a ninth justice to the 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 said in a notice two hours before its scheduled ruling at 2 p.m. that oral arguments will resume next Monday for a competence dispute case filed by Assembly Speaker Woo Won-shik against Choi.

Choi's side applied for a resumption of oral arguments last week, citing the need for further deliberation on the case.

Meanwhile, the ruling for a related petition filed by a lawyer, which was also due at 2 p.m., will be postponed indefinitely.

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. (Yonhap)



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