The Constitutional Court will determine whether acting President Choi Sang-mok violated the Constitution by deferring the appointment of court justice nominee Ma Eun-hyeok.

The court said Friday that it will rule on a related constitutional petition filed by local lawyer Kim Jung-hwan, as well as a request filed by National Assembly Speaker Woo Won-shik to adjudicate jurisdictional disputes, at 2 p.m. on February 3.

The point in dispute is whether Choi failed to fulfill his duty in violation of the Constitution by appointing only two of the three nominees put forth by parliament on December 31, deferring a decision on Ma pending a bipartisan agreement.

Some within the judicial community say the acting president will have to appoint Ma, filling the last remaining vacancy on the nine-member bench, if the court finds that not doing so was unconstitutional.

Others, however, say the court’s decision could not be forced on the acting president and that further controversy may ensue if the court were to essentially appoint one of its own justices.