Constitutional Court Justice Candidates Call for Legislative Measures to Prevent Prolonged 'Vacancy'

"Prolonged Vacancy Is Undesirable from the Perspective of Upholding the Constitution"

On the 16th, the Constitutional Court in Jongno-gu, Seoul, is conducting related procedures for a swift trial ahead of the full impeachment trial of President Yoon Seok-yeol. Photo by Kang Jin-hyung

The three candidates for Constitutional Court justices, who are preparing for the National Assembly confirmation hearings, unanimously emphasized the need for institutional improvements to resolve the issue of vacant justice positions.

According to the legal community on the 22nd, Ma Eun-hyuk, a justice candidate recommended by the Democratic Party of Korea, recently presented overseas examples as alternatives in his written responses to the confirmation special committee submitted to the National Assembly.

Candidate Ma mentioned Germany and Spain's "continuation of duties system for justices whose terms have expired," Austria's "reserve justice system," and increasing the number of justices. Jeong Gye-seon, another candidate recommended by the Democratic Party, also stated, "Legislative supplementation is necessary to prevent vacancies in the Constitutional Court justices." He referred to the reserve justice system and the method of allowing justices to continue performing their duties until successors are appointed after their terms expire.

Jo Han-chang, a candidate recommended by the People Power Party, also requested, "Frequent and prolonged vacancies of justices are undesirable from the perspective of upholding constitutional order and protecting citizens' fundamental rights."

However, Candidate Jo added, "There is an argument that the continuation of duties system for justices may result in an extension of the six-year term stipulated in the Constitution, and the reserve justice system would lead to an increase in the number of justices as defined by the Constitution, so constitutional grounds are required for its introduction."

When asked about the so-called 'Geomsuwonbok' (restoration of prosecutorial investigative authority) enforcement decree, all three candidates showed a reserved stance.

Regarding questions related to the recent 'December 3 Emergency Martial Law Incident' and the Presidential Security Service blocking the police's search and seizure of the Presidential Office, all three candidates refrained from giving specific answers, citing that constitutional complaints and impeachment trials have been filed with the Constitutional Court.

However, in general terms, all responded with the view that "the execution of search and seizure warrants lawfully issued by the court should not be unlawfully obstructed."

This content was produced with the assistance of AI translation services.