Acting Constitutional Court President Moon Hyung-bae. Yonhap
Acting Constitutional Court President Moon Hyung-bae said the current “six-member system” is sufficient to carry out an impeachment trial on President Yoon Suk Yeol over his surprise martial law decree, but would need “further discussions” to hand down a verdict.
“I do not believe that three more judges (need to be appointed) for the trial to kickoff,” Moon told reporters when entering the Constitutional Court in Jongno-gu, Seoul, on Thursday. His comment contradicts the current law which states the court needs at least seven judges to carry out a trial before the vote.
At the moment, there are only six justices, as the assembly has yet to elect the successors of three recently retired justices.
Moon’s remarks follow the National Assembly’s decision to table an impeachment motion against Yoon during a plenary session held around 12:48 a.m. Thursday. The motion, submitted by 190 opposition lawmakers and one independent lawmaker, came after Yoon rescinded his short-lived martial law decree Wednesday.
If the motion is passed during a parliamentary plenary vote scheduled for 7 p.m. Saturday, the Constitutional Court would then launch a trial to decide whether it upholds the National Assembly’s decision. For the court to uphold the impeachment, six out of its nine judges would need to vote in favor of the motion.
When asked whether the court could uphold the motion under the “six-member system,” Moon responded that he “plans to carry out further discussions on the matter.”
