A progressive judge, a human rights activist: Constitutional Court poised to shift left
Published: 24 Jul. 2025, 07:00
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- YOON SO-YEON
- [email protected]
![The Constitutional Court on July 17 [NEWS1]](https://koreajoongangdaily.joins.com/data/photo/2025/07/24/172db3d7-487e-4dad-9d83-9b440812b1a6.jpg)
The Constitutional Court on July 17 [NEWS1]
The Constitutional Court will soon return to a full nine-member bench following the National Assembly’s approval on Wednesday of the nomination of Kim Sang-hwan as the new president of the Constitutional Court.
The Constitutional Court — which had functioned in an incomplete capacity for nearly 10 months — is now poised to begin operating in full force under the Lee Jae Myung administration, likely with a new progressive-leaning majority that could lead to major judicial reform.
Court restored after 10 months of vacancies
The Assembly passed Kim’s confirmation motion with 206 votes in favor out of 264 cast. He will be formally appointed once Lee grants final approval, becoming the court’s ninth chief justice.
Oh Young-joon, who does not require separate parliamentary confirmation due to being a top office appointee, is expected to be appointed alongside Kim. Both terms last six years.
With their appointments, the Constitutional Court will again be fully staffed — for the first time since former acting Chief Justice Moon Hyung-bae and Justice Lee Mi-son retired on April 18. At the time, the court was briefly at full capacity for 10 days after Justice Ma Eun-hyeok was sworn in on April 9.
![Kim Sang-hwan, the newly-appointed President of the Constitutional Court, answers questions from lawmakers during a confirmation hearing on July 21 at the National Assembly in western Seoul. [NEWS1]](https://koreajoongangdaily.joins.com/data/photo/2025/07/24/7a3ef199-12b8-49b6-9088-849aa0dfc2d1.jpg)
Kim Sang-hwan, the newly-appointed President of the Constitutional Court, answers questions from lawmakers during a confirmation hearing on July 21 at the National Assembly in western Seoul. [NEWS1]
In practical terms, this marks the first time since last October — when former Chief Justice Lee Jong-seok and Justices Lee Young-jin and Kim Ki-young retired — that the court will function with all nine seats filled.
Kim will also become the first chief justice in 12 years expected to serve a full six-year term, following Lee Kang-kook, who served from January 2007 to January 2013. His three immediate predecessors — Park Han-chul, Lee Jin-sung and Yoo Nam-seok — were all appointed from within the court during their terms as justices, with tenures ranging from nine months to five years and one month.
'Further left than initially expected'
Attention is now turning to the court’s ideological makeup.
Although Oh was once considered a centrist in judicial circles despite ties to the liberal group “Society for Research on Our Law,” his comments during a confirmation hearing on Friday drew attention after he described the Supreme Court’s handling of Lee Jae Myung's election law appeal as “unusual” and expressed basic support for “constitutional appeals” — a key Democratic Party initiative — suggesting a more progressive stance than previously assumed.
![Oh Young-joon, the new Constitutional Court judge nominee, answers questions from lawmakers during a confirmation hearing on July 18 at the National Assembly in western Seoul. [YONHAP]](https://koreajoongangdaily.joins.com/data/photo/2025/07/24/d6813a65-ea7b-4dec-a256-5e2222494c03.jpg)
Oh Young-joon, the new Constitutional Court judge nominee, answers questions from lawmakers during a confirmation hearing on July 18 at the National Assembly in western Seoul. [YONHAP]
Kim, a former member of the International Human Rights Law Research Society, has long been viewed as part of the progressive bloc, signaling that “The Constitutional Court's ideological balance may tilt further left than initially expected,” according to a senior judge at a high court in the capital area, who wished to remain anonymous.
The judge added that “many in the judiciary were surprised by the candid tone of Oh’s hearing.”
Previously, the court was composed of two progressives (Jeong Gye-seon and Ma Eun-hyeok), three centrists (Kim Hyung-du, Jung Jung-mi and Kim Bok-hyeong), and two conservatives (Jeong Hyeong-sik and Cho Han-chang). With the new additions, the breakdown shifts to four progressives, three centrists and two conservatives — a reversal from the conservative-leaning composition under the previous Yoon Suk Yeol administration.
This configuration is expected to remain until at least March 2029, when Kim Hyeong-du’s term ends. After that, the court is likely to lean further left, as the next justices set to retire — Jeong Jeong-mi in April 2029, Jeong Hyeong-sik in December 2029 and Kim Bok-hyeong in September 2030 — are all considered centrist or conservative. Under the current appointment system, the ruling party holds significant influence over new nominations.
![The Constitutional Court building on June 9 [YONHAP]](https://koreajoongangdaily.joins.com/data/photo/2025/07/24/8a31edb0-1210-401e-8fab-5ab2d2c4f614.jpg)
The Constitutional Court building on June 9 [YONHAP]
New court likely to tackle backlog
With a full bench in place, the court is expected to begin addressing a backlog of long-pending and politically sensitive cases that the previous seven-member bench had avoided.
During his hearing, Kim pledged to “focus efforts on clearing the longstanding backlog of unresolved cases” and promised to address delays “with utmost dedication.”
Legal observers say the full court will prioritize these pending cases first. “There is a huge number of unresolved cases stacked up at the Constitutional Court,” said one legal official. “Now that the bench is complete, they’re likely to start by working through what’s already accumulated.”
![The Constitutional Court logo [NEWS1]](https://koreajoongangdaily.joins.com/data/photo/2025/07/24/17a3acc6-fde4-44dd-a035-69216959f985.jpg)
The Constitutional Court logo [NEWS1]
In the longer term, the court is expected to support the Democratic Party’s proposals for judicial reform, including the controversial introduction of constitutional appeals — a mechanism allowing ordinary court rulings to be challenged as constitutional violations. The issue has long divided the judiciary, with the Constitutional Court expressing support while the Supreme Court has consistently opposed it.
Most recently, Supreme Court Justice Administration Chief Chun Dae-yup warned on July 22 that such a reform would “seriously impair the swift finalization of rulings and the guarantee of rights."
Legal analysts say the new court is now poised to pursue its long-desired reforms.
“With a progressive government in place and a supportive ruling party, the Constitutional Court’s agenda may finally move forward,” one legal source said. “If the Constitutional Court actively responds, there may be little the Supreme Court can do to stop it.”
Another legal analyst added, “Not just on constitutional appeals — the court could now take more assertive stances on a range of politically and socially sensitive issues.”
Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY KIM JUN-YOUNG [[email protected]]
with the Korea JoongAng Daily
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