By Aamir Latif
KARACHI, Pakistan (AA) - South Korea's Constitutional Court on Thursday dismissed a request to confirm the appointment of its ninth justice withheld by acting President Choi Sang-mok, a decision viewed as a major relief for impeached President Yoon Suk Yeol.
The 8-judge Constitutional Court unanimously ruled that Choi's decision to withhold the appointment of the ninth justice last year is an “unconstitutional act,” infringing upon the right of the National Assembly, however, it said, there are no grounds to nullify the acting president's action, according to the Seoul-based Yonhap news agency.
The court found that Choi's failure to appoint opposition-recommended Justice candidate Ma Eun-hyuk to the court in December that left the bench one justice short violated the National Assembly's right to elect a judge to the court.
National Assembly Speaker Woo Won-shik had filed a case against Choi, arguing the acting president's failure to appoint Ma violated the parliament's right.
"The non-appointment of Justice candidate Ma Eun-hyuk infringes upon the petitioner's right to compose the Constitutional Court through the election of a court justice as granted by the Constitution," the court said.
Under the decision, the acting president will be legally obligated to appoint Ma, but the court's dismissal indicates that it has no authority to enforce Choi for that.
The now eight-member Constitutional Court is likely to deliver its judgment in mid-March to remove or uphold Yoon's impeachment approved by the National Assembly on Dec. 14 over his short-lived martial law declaration that plunged the country into its worst political crisis in decades.
Non-inclusion of an opposition-nominated judge could be a great relief for Yoon as consent by six justices is necessary to uphold his impeachment.
On Dec. 31, Choi appointed two justices to the court but held off on Ma's appointment, citing the need for a bipartisan consensus.
Following the final arguments in Yoon's impeachment trial early this week, the eight justices have deliberated on the case and cast a vote behind closed doors.