To remove President Yoon Suk Yeol, who currently serves as a symbolic head without executive powers, South Korea’s Constitutional Court requires the support of at least six of its nine judges. However, with three seats vacant, the court’s ruling would need to be unanimous for Yoon to be formally unseated.
The political standoff between Yoon’s ruling People Power Party (PPP) and the opposition Democratic Party has escalated over filling the vacant seats. The court is tasked with deciding whether to permanently remove or reinstate Yoon, who was impeached earlier. The opposition argues that appointing judges to the full nine-member bench is essential for ensuring fairness and public confidence in the verdict.
Under South Korean law, three of the Constitutional Court’s judges are appointed directly by the president, three are nominated by the Supreme Court chief justice, and the remaining three are nominated by the National Assembly, with the president formally approving them. Currently, the court operates with only six judges, a situation the Democratic Party is determined to resolve by pushing for swift appointments.
Political observers note that achieving a unanimous verdict from the six sitting judges is highly unlikely. Cheong Hyungsik, a conservative judge appointed by Yoon, is expected to side in his favor, giving Yoon a significant advantage to potentially regain full presidential powers.
The Democratic Party holds the power to nominate two of the three vacant judges, while the third seat belongs to Yoon’s PPP. However, PPP floor leader Kweon Seong-dong, a close ally of Yoon, argued that Acting President Han Duck-soo lacks the authority to approve parliamentary nominations. He asserted that such powers exclusively rest with a sitting president, not an acting leader.
“An acting president can appoint Constitutional Court judges only when there’s a presidential vacancy, not when presidential powers are merely suspended,” Kweon said, according to reports.
The Democratic Party swiftly dismissed the argument as “absurd and nonsensical,” accusing the PPP of attempting to delay the impeachment trial. Party spokesperson Jo Seoung-Lae insisted that the PPP honor a November agreement between the two parties to fill the judicial vacancies, accusing the ruling party of deliberately obstructing the court proceedings.
Analysts believe the Democratic Party is eager to resolve the impeachment swiftly and win public favor ahead of potential presidential elections. If Yoon is ousted, opposition leader Lee Jae-myung, who is currently appealing a conviction for election law violations, is positioned as a frontrunner for the presidency.
Meanwhile, the Constitutional Court’s secretary general, Kim Jung-won, clarified before parliament that the acting president does have the authority to approve judicial appointments. This statement further undermines the PPP’s objections and reinforces the opposition’s push to complete the court’s composition.
The Constitutional Court has up to 180 days to deliver its ruling, but the political battle over judicial appointments adds further tension to South Korea’s already polarized political landscape. Both parties remain entrenched, with the fate of President Yoon and the nation’s leadership hanging in the balance.
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