Chairman Lee filed a constitutional petition yesterday (10th) confirming the unconstitutionality of Article 23 (1) of the Constitutional Court Act and applied for a provisional injunction.
The clause stipulates that a case can be heard only when at least seven out of nine justices are present.
As a result, the function of the Constitutional Court is expected to be virtually paralyzed if a successor fails to take office after the 17th, when Lee Jong-seok and judges Lee Young-jin and Kim Ki-young retire.
The three vacant seats are up to the National Assembly to elect, and no successor has been decided yet as the Democratic Party of Korea and the People's Power have argued over how many people to recommend.
Chairman Lee, who has been suspended since August due to the impeachment prosecution, reportedly filed a constitutional petition, saying it was unfair for the article to prevent his impeachment trial from being held and put on indefinite suspension.
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