In its ruling, the court said that Choi's decision infringed on the National Assembly's legislative power by not appointing Ma Eun-hyuk, a nominee recommended by the main opposition Democratic Party, but it dismissed a request to assign him the post, deeming it improper as it falls beyond its jurisdiction.
The ruling now paves the way for Ma to fill the vacancy on the highest court's bench, which currently has eight of the nine justices seated, but it is unlikely that Choi will appoint him immediately. Choi had previously insisted that Ma's appointment could be made if the ruling and opposition parties reached an agreement.
The appointment of Ma was considered one of crucial factors, as the court has been deliberating President Yoon Suk Yeol's impeachment trial over his botched martial law debacle in December last year.
But the situation has somewhat changed, as Yoon's hearing sessions wrapped up earlier this week. Even if appointed eventually, it is unlikely that Ma will be included in the deliberation processes.
Currently, the court's eight justices are holding closed-door discussions to decide whether to impeach or reinstate Yoon, with a final verdict expected by mid-March. Nevertheless, there remains a slim chance that Ma could join Yoon's impeachment trial, which might delay the verdict as it would require additional hearings and reviews.
The deliberation process typically takes about two weeks, with justices meeting daily to review key arguments and relevant precedents. After exchanging opinions in deliberations, the justices proceed to a vote to make a decision.
Once the decision is reached, a draft is prepared based on the majority view. Even when there are differing opinions, minority views are still included in the verdict.
A decision to uphold the impeachment would require at least six votes in favor, which would result in Yoon's immediate ouster from office. Should the impeachment be upheld, Yoon would be ousted from office, leading to a snap presidential election within 60 days.
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