South Korea acting president Choi Sang-mok announced on Tuesday that he would immediately move to fill vacancies on the Constitutional Court to restore stability after the impeachment of two of his predecessors this month. He underscored the ongoing financial and societal challenges, aiming to end political uncertainty following President Yoon’s martial law decree.

Finance Minister Choi Sang-mok became the acting president on Friday following Prime Minister Han Duck-soo’s impeachment. After presiding over the State Council at the Seoul Government Office, Choi announced the immediate appointment of two Constitutional Court justices, Jung Gye-seon and Cho Han-chang.

Choi added that he will appoint the third judge, Ma Eun-hyuk, upon a bipartisan consensus on the candidate nomination. Judge Ma has a history of involvement with a Socialist Revolutionary Organization, known as ‘Incheon Democratic Workers,’ raising concerns about potential ideological bias. A constitutional judge associated with the People’s Power issued a statement on December 23 through the Special Committee for Personnel Hearings, condemning Judge Ma for showing a distinct ideological and political bias in his judicial decisions.

The Yonhap News Agency evaluates that, despite one vacant seat in the Constitutional Court, the main obstacle to President Yoon Seok-yeol’s impeachment trial has been resolved, as the same eight judges who presided over the dismissal of former President Park Geun-hye in 2016 have been appointed.

According to Article 22 of the Korean Constitutional Court Act, the Constitutional Court requires the consent of six judges to cite the impeachment petition, and seven people to hear the case.

Since Major Director Lee Jong-Seok and judges Lee Young-jin and Kim Ki-young resigned on October 17, the Constitutional Court has been operating with only six judges on the bench for over two months as the successor judge has not taken office.

With the two-thirds majority rule, the six judges on the panel must vote unanimously to impeach President Yoon Suk Yeo. While the ruling party has insisted that an acting president does not have the authority to appoint constitutional Court Justices, the opposition has asked for the appointments and called for a full nine-member panel. Under pressure from both sides, this speedy appointment marks a decisive step to commence the impeachment trial.

President Yoon declared martial law on December 3 and claimed that the Democratic Party, the opposition party in control of the National Assembly, had associations with North Korean communist forces. On December 14, the National Assembly later impeached the president, finding that the declaration of martial law violated Article 77 of the country’s constitution. 

Han Duck Soo, the acting president following Yoon’s ousting, was also impeached on December 27. The Democratic Party accused him of obstructing justice and failing to fulfill his duties by refusing to appoint three judges to fill vacancies on the Constitutional Court.