Swift appointment of Constitutional Court justices for Yoon’s trial is 'most urgent,' say 542 scholars

Hundreds of political scholars have urged acting President Choi Sang-mok to swiftly appoint three Constitutional Court justices, emphasizing the need to advance President Yoon Suk Yeol’s impeachment trial amid the persistent political turmoil sparked by his martial law declaration on Dec. 3.

The declaration, endorsed by 542 political scientists as of Monday, primarily Koreans around the world, emphasized that appointing justices is the "most urgent task for restoring constitutional order" in South Korea and is essential for ensuring the legitimacy and swift progress of Yoon’s impeachment trial.

“Delaying the appointment of Constitutional Court justices already recommended by the National Assembly through bipartisan agreement, while suddenly demanding further consensus between the ruling and opposition parties, disregards the National Assembly, an elected authority,” reads their Korean-language declaration.

During a plenary session on Thursday, the National Assembly approved motions endorsing the appointments of three Constitutional Court justice nominees: Ma Eun-hyeok, Jung Gye-seon and Cho Han-chang. Ma and Jung had been nominated by the main opposition Democratic Party of Korea, while Cho had been nominated by the ruling People Power Party.

However, under the Constitutional Court Act, the final appointment of justices is the prerogative of the president. The Constitutional Court has repeatedly clarified that an acting president holds the same power to appoint justices.

Han Duck-soo, Choi’s predecessor as acting president, was impeached Friday by a National Assembly vote after he refused to appoint the three Constitutional Court justices.

The public declaration by political scholars also called for the Constitutional Court to request that the government appoint the three justices as well as to promptly and accurately proceed with the impeachment trial.

“Proceeding with the impeachment trial under a fully constituted panel of nine justices is crucial for both the swiftness and legitimacy of the trial,” the declaration read. “The Constitutional Court serves as the final bastion of constitutional order in a democratic republic.”

The declaration also urged acting President Choi to immediately sign off on Assembly-approved bills mandating special prosecutor investigations into allegations of insurrection against Yoon.

The declaration cited Friday's announcement by prosecutors, which concluded that Yoon's martial law declaration on Dec. 3 and subsequent actions demonstrated his intent to undermine constitutional order and involved acts of violence -- a key element of insurrection under the Criminal Act.

"It is essential to conduct the investigation through a special prosecutor probe, as was done during the impeachment process of President Park Geun-hye (in 2016-17), to prevent overlapping jurisdictions, procedural confusion and unnecessary competition among investigative bodies," the statement read.

"Conducting a thorough investigation into the insurrection case through a special prosecutor probe and holding those responsible accountable is the most effective way to swiftly restore stability to state affairs."

The opposition-led Assembly passed two bills in December: one for a "general" special prosecutor probe into Yoon’s martial law declaration and another for a "permanent" special prosecutor investigation.

The permanent probe bill will automatically take effect without requiring presidential approval. However, before its launch the president is obligated to promptly request the Special Prosecutor Recommendation Committee to nominate two candidates and then to appoint one within three days of receiving the nominations.

Meanwhile, the acting president must decide by Wednesday whether to promulgate or veto the general probe bill.

During a Cabinet meeting on Tuesday, Choi vetoed the bill, appointed two justice nominees, Jung and Cho, and deferred Ma's appointment, stating that he would finalize it once rival parties reached a consensus.