3 Constitutional Court justices to retire, sparking fears of operational paralysis

Constitutional Court President Lee Jong-seok attends a retirement ceremony for Justice Lee Eun-ae at the court in Seoul, Sept. 20. Lee and two other justices will finish their six-year terms on Oct. 17, amid fears that a political gridlock could paralyze the institution for many months to come. Newsis

Three of the nine Constitutional Court justices are set to retire in two weeks, amid a political gridlock that raises concerns about the potential paralysis of the institution for many months to come.

Constitutional Court President Lee Jong-seok and two other justices ― Kim Ki-young and Lee Young-jin ― are set to finish their six-year terms on Oct. 17.

The vacancies will immediately pause the normal operation of the court as the law requires the attendance of at least seven members to begin deliberations.

Considering the time required for confirmation hearings for new justice candidates at the National Assembly, a temporary suspension of the court seems inevitable. The pressing question is how long this suspension will last.

The Assembly has the right to recommend candidates for those vacancies. The law does not specifically say how, but customarily, each of the two biggest political parties picks one and they decide the remaining one through talks.

But the main opposition Democratic Party of Korea (DPK) has refused to follow the practice, saying that it should be given the right to pick two candidates because it occupies 171 out of a total 300 seats. The ruling People Power Party has rejected the idea, resulting in a stalemate regarding the issue.

This means more than 1,200 pending cases there will be on hold until the parties reach an agreement, including the DPK-led attempt to oust Korea Communications Commission (KCC) Chairwoman Lee Jin-sook and a senior prosecutor, Son Jun-sung.

From a political standpoint, the liberal opposition party has several reasons to delay the process. For instance, the duties of the KCC chief have been suspended due to an impeachment motion that the party passed unilaterally in August. If Lee is reinstated by the court, liberal politicians worry she could leverage her authority to influence the operations of media outlets in favor of conservative interests.

The DPK has proposed impeachment motions against four other prosecutors investigating allegations involving some of its key members. The paralysis of court operations is expected to impact the duration of their suspensions from work if the party pursues passage of these motions, similar to what it did with the KCC chief.

The retirement of the three outgoing justices is not expected to disrupt the court's ideological balance. While Lee Jong-seok is known for his conservative views, Kim is regarded as very liberal, and Lee Young-jin is seen as moderate.

However, the court is anticipated to shift from liberal to conservative control when two more justices retire in April 2025, as their successors will be appointed solely by President Yoon Suk Yeol. Currently, four justices are considered conservative.

Under liberal control over the past several years, the court has issued numerous verdicts that challenged conventional wisdom and practices, including the landmark 2019 ruling that declared the nation's abortion law unconstitutional.