Constitutional Court Act suspended from effect 'if there are six judges, there is no trial'

Lee Jin-sook, chairman of the Korea Communications Commission, accepted the request for provisional injunction filed by the Constitutional Court Act, which prohibits the hearing if the seven judges are not met.

The Constitutional Court said it will suspend the effect of Article 23, Paragraph 1 of the Constitutional Court Act, which applies when a judge retires due to the expiration of his term and becomes vacant until the main case is sentenced.

The Constitutional Court decided that it was necessary to prevent damage that was difficult to recover by suspending the effect.

Article 23 (1) of the Constitutional Court Act stipulates that a case can be heard only when at least seven out of nine judges 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.

Chairman Lee, who has been suspended since August due to the impeachment prosecution, filed a constitutional petition and filed for a provisional injunction, saying it is unfair that his impeachment trial will not be held and he will be suspended indefinitely.