Former Supreme Court Justice Kim Sang-hwan was nominated on the 26th as a candidate for Chief Justice of the Constitutional Court. On the same day, Seoul High Court Director General Oh Young-joon was also nominated as a candidate for Constitutional Court Justice. Both individuals are classified as having progressive tendencies.
If Kim and Oh are finally appointed, the Constitutional Court will have all nine justices filled. Previously, in a seven-member system, the composition of the Constitutional Court justices was evaluated as '5 moderate and conservative to 2 progressive'. In this state, if Kim and Oh take office, the composition will change to '4 progressive to 5 moderate and conservative'.
During the term of President Lee Jae-myung, three justices with moderate and conservative tendencies are expected to retire due to the expiration of their terms. This could change the composition of the Constitutional Court to a progressive majority.
According to the legal community on the 27th, both candidates nominated by President Lee are classified as having progressive tendencies. Candidate Kim Sang-hwan has previously been involved with the International Human Rights Law Association, a progressive group within the courts. In December 2018, during Moon Jae-in's administration, he was appointed as a Supreme Court Justice upon the recommendation of former Chief Justice Kim Myung-soo and has held positions such as the head of the Court Administration Office.
Candidate Oh Young-joon also comes from a progressive group known as the Law Research Society. He has been involved in the Civil Case Law Research Society, which is known as an elite judges' group within the courts.
Once the two candidates undergo the National Assembly's confirmation hearings and are appointed, the structure of the nine justices in the Constitutional Court is expected to strengthen its progressive tendency. The Constitutional Court briefly returned to a nine-member system with the appointment of Justice Ma Eun-hyuk on April 9 but operated under a 'seven-member system' after the retirement of Acting Chief Justice Moon Hyung-bae and Justice Im Mi-sun on the 18th of the same month. Notably, the position of Chief Justice, which has been in an acting system since the retirement of former Chief Justice Lee Jong-seok last October, will finally be filled after eight months.
Currently, among the seven justices, five justices—Kim Hyung-du, Jeong Jeong-mi, Jeong Hyeong-sik, Kim Bok-hyeong, and Jo Han-chang—are classified as having moderate and conservative tendencies. Among them, Justice Jeong Jeong-mi, who was appointed upon the recommendation of former Chief Justice Kim Myung-soo, is considered to lean towards progressive tendencies. Justices Jeong Gye-seon and Ma Eun-hyuk, appointed by the Democratic Party's recommendation, are classified as progressive.
During President Lee's term, the progressive tendency of the Constitutional Court may deepen. This is because three of the five justices with moderate and conservative tendencies—Kim Hyung-du (March 2029), Jeong Jeong-mi (April 2029), and Jeong Hyeong-sik (December 2029)—are scheduled to retire during President Lee's term. Among the nine Constitutional Court Justices, three are appointed by the president, three are elected by the National Assembly, and three are appointed by the Chief Justice of the Supreme Court, all of whom are ultimately appointed by the president.
The successors for Justices Kim Hyung-du and Jeong Jeong-mi will be nominated by the Chief Justice, while the successor for Justice Jeong Hyeong-sik will be at the president's discretion. However, Chief Justice Cho Hee-dae is also approaching the expiration of his term in June 2027, so another Chief Justice appointed by President Lee will likely nominate the successor. In this case, there is a possibility that an additional progressive justice will be appointed.
The legal community anticipates that changes in the composition of justices could also affect the conclusions in cases handled by the Constitutional Court. To make decisions regarding the impeachment of high-ranking public officials, such as the president, rulings of unconstitutionality regarding laws, or changes to existing precedents, the agreement of at least six Constitutional Court justices is required. Until now, the Constitutional Court has shown that the judgments on major issues vary according to the tendencies of the justices.
However, it should be noted that all five justices currently classified as moderate and conservative also expressed opinions for dismissal in the impeachment trial of former President Yoon Suk-yeol.