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

2024.10.14. PM 6:30
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Suspension of effect of the Constitutional Court Act on 'Unable to Hear 6 Judges'
"At least 7 out of 9 Judges"...Paralyzed at the time of three members' retirementLee Jin-sook, "Unfair suspension of duties indefinitely"...Provisional injunction for suspension of effect
"If the case is not heard, the right to a prompt trial is violated."
[Anchor]
The Constitutional Court has managed to avoid an unprecedented "paralysis" situation.

It was decided to suspend the effect of the Constitutional Court Act, which prohibits hearing if seven judges are not satisfied.

For more information, I'll connect you to a reporter. Reporter Kim Taewon!

[Reporter]
Yes, the Constitutional Court just accepted a request for provisional injunction filed by Lee Jin-sook, chairman of the Korea Communications Commission, asking for the suspension of Article 23 (1) of the Constitutional Court Act.

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 an injunction for suspension of effect, saying it is unfair that his impeachment trial will not be held and he will be suspended indefinitely.

According to the Constitutional Court, Chairman Lee will be suspended from exercising his authority until the impeachment trial, and if he cannot even hear the case under the relevant provisions, his right to a prompt trial will be violated.

There is a risk of serious damage that is difficult to recover,
As the retirement of three
judges is imminent, the urgent need to prevent damage is also recognized.

At the same time, it was announced that the effect of the provisions would be suspended until the main decision was made.

As the Constitutional Court accepted the injunction, the quorum limit temporarily disappeared, allowing the hearing to continue.

Immediately after the Constitutional Court's decision, Chairman Lee issued a position and said he was fortunate to avoid the worst case of paralysis of the Constitutional Court, the last bastion of constitutional protection.

So far, I'm Kim Tae-won of YTN at the Constitutional Court.


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