The Korea Herald

소아쌤

6 Constitutional Court justices sufficient to carry out trial, says acting chief

By Jung Min-kyung

Published : Dec. 5, 2024 - 19:30

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Acting Constitutional Court President Moon Hyung-bae. Yonhap Acting Constitutional Court President Moon Hyung-bae. Yonhap

Acting Constitutional Court President Moon Hyung-bae said the current "six-member system" is sufficient to begin an impeachment trial on President Yoon Suk Yeol over his controversial martial law decree, but would need "further discussions" to hand down a final verdict.

"I do not believe that three more judges (need to be appointed) for the trial to kickoff," Moon told reporters as he entered the Constitutional Court in Jongno-gu, Seoul, on Thursday. His comments, however, stand in contrast to existing legal requirements, which stipulate that at least seven judges are needed to officially proceed with an impeachment trial.

At the moment, there are only six justices, as the assembly has yet to appoint replacements for three recently retired members.

Moon's remarks follow the National Assembly's decision to table an impeachment motion against Yoon during a plenary session held early Thursday at 12:48 a.m. The motion, submitted by 190 opposition lawmakers and one independent lawmaker, came after Yoon rescinded his short-lived martial law decree Wednesday.

Should the motion pass during the parliamentary plenary vote scheduled for 7 p.m. Saturday, the Constitutional Court would then begin a trial to determine whether to uphold the National Assembly’s decision. For impeachment to be upheld, at least six of the court’s nine judges must vote in favor of the motion.

When asked about the feasibility of upholding the motion under the current "six-member system," Moon reiterated that he "plans to carry out further discussions on the matter."