By Na Jeong-ju
The Constitutional Court’s Chief Justice Lee Kang-kook urged the National Assembly to fill a vacancy on the nine-member bench as soon as possible, saying the seat has remained vacant for too long due to parliament’s neglect of duty.
Earlier this month, the National Assembly, controlled by the ruling Saenuri Party, voted down a confirmation bill for justice nominee Cho Yong-whan, a liberal-leaning lawyer recommended by the main opposition Democratic United Party. The bill had been pending for eight months as the ruling party disputed his ideological stance.
Under the Constitution, three of the nine constitutional judges are designated by the National Assembly and the other six by the chief justice of the Supreme Court and the President. One of the parliament-appointed seats has been vacant since Cho Dae-hyun quit in July last year.
In an unprecedented open protest letter to National Assembly Speaker Park Hee-tae, the Chief Justice Lee expressed grave concerns about the Assembly’s neglect of duty.
“The Assembly should act immediately to resolve this problem. Choosing a justice is a constitutional obligation and responsibility for the parliament,” Lee said. “The fact that there is a vacancy on the bench means a lot more than you imagine. It can change the court’s rulings.”
A spokesman for the Constitutional Court said the judges decided to take action because rival parties haven’t shown a sincere attitude regarding the matter.
“After the confirmation bill was rejected, the judges held an emergency meeting. They regard the incident as a serious challenge to the rule of law,” the spokesman said.
During a confirmation hearing for the nominee, ruling party lawmakers took issue with Cho’s remarks on the sinking of the warship Cheonan in March 2010. Cho questioned the credibility of the Seoul-led international investigation that concluded North Korea torpedoed the ship, killing 46 sailors on board. Pyongyang has denied its involvement in the attack.