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Republic of Korea - February 2025

Constitutional Court rules acting president had duty to fill court vacancy

On 27 February, the Constitutional Court ruled that acting President Choi Sang-mok’s decision to withhold the appointment of a ninth justice to fill a vacancy on the Court’s bench in December was unconstitutional. While Choi said he would respect the Court’s decision, experts suggest that a ruling by a full-nine-member bench on President Yoon Suk Yeoul’s impeachment trial is unlikely, given that the current eight judges have already concluded the final hearing. The Court's decision does not specify when Choi must appoint the justice. However, legal experts have advised Choi to move forward so the Court can address various needs promptly. The decision enables the Court to carry out its functions independently and effectively.

Sources: The Korea Herald, International IDEA, The Korea Times

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