Concerns Over 'Constitutional Court Paralysis' Resolved
But Controversy Over 'Procedural Flaws' Likely to Persist
Lee Jin-sook, Chairperson of the Korea Communications Commission, expressed relief on the 14th after a provisional injunction request to suspend the effect of the Constitutional Court Act, which stipulates the quorum of justices, was granted. She stated, "It is fortunate to avoid the worst situation where the Constitutional Court, the last bastion for protecting the Constitution of the Republic of Korea, becomes paralyzed." The photo shows Chairperson Lee Jin-sook attending the National Assembly audit. Photo by Kim Hyun-min kimhyun81@
원본보기 아이콘Lee Jin-sook, the Broadcasting and Communications Commission Chairperson currently under suspension, expressed relief on the 14th after the injunction request to suspend the effect of the Constitutional Court Act provision regulating the quorum of justices was granted, stating, "It is fortunate to avoid the worst-case scenario where the Constitutional Court, the last bastion for upholding the Constitution of the Republic of Korea, becomes paralyzed."
On the same day, the Constitutional Court accepted Chairperson Lee's injunction request to suspend the effect of Article 23, Paragraph 1 of the Constitutional Court Act. With three justices scheduled to retire on the 17th, it was anticipated that the impeachment trial against Chairperson Lee would come to a halt. In response, Lee filed a constitutional complaint and an injunction request, arguing that this situation was unjust.
As the injunction was granted, the effect of the Constitutional Court Act provision requiring the presence of at least seven justices to hear cases is temporarily suspended until the main case decision is announced. With the quorum restriction lifted, the remaining justices can proceed with case hearings.
In her statement, Chairperson Lee expressed "deep gratitude to the Constitutional Court justices who have upheld the constitutional order," adding, "Through this injunction, we solemnly realize the fundamental message that democracy is governance by law." She also emphasized, "The impeachment trial will continue."
Accordingly, inside and outside the Broadcasting and Communications Commission, attention is focused on the possibility of an impeachment trial decision within the year and the potential return of Chairperson Lee if the case is dismissed. Currently, the Commission operates under a single-person acting chairmanship by Kim Tae-gyu after Lee’s suspension, making decision-making impossible.
However, with the Constitutional Court’s acceptance of the injunction request, the quorum restriction is temporarily lifted, allowing the trial to proceed.
If Chairperson Lee returns, the Commission will operate with two members, so procedural controversies are expected to continue, but decisions on matters such as the re-licensing review of terrestrial broadcasters like MBC may proceed.
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