For six weeks, South Korea has endured its worst political crisis in decades, raising questions about the resilience of its democracy. On Tuesday, the Constitutional Court will begin deliberations on whether to remove or reinstate the impeached president, taking the biggest step toward a resolution.
The eight judges in the court will be the final arbiters of the fate of President Yoon Seok-yeol, who was impeached and suspended by the National Assembly on December 14 for briefly imposing martial law 11 days earlier.
The stakes are high. Rival citizen groups have been holding rallies for weeks, with some even standing in front of the court demanding Yun’s ouster and demanding his reinstatement as president. Hardliners on both sides have warned of a “civil war” if the court does not rule in their favor.
If Yoon is removed from office, it would be a further devastating blow to the country’s conservative camp. He becomes the third consecutive conservative president to be ousted, imprisoned, or both before or after the end of his term.
But if a deeply unpopular leader is allowed to return to power, it could set a precedent for future leaders to use martial law as a political tool, said Ha Sang-eun, a political science professor at Sogang University in Seoul. He pointed out that there is.
“What do other democracies around the world think about what’s happening in South Korea?” Ha said.
Yun vowed victory at the Constitutional Court. But his lawyers feared that if he left his fortified residence in central Seoul, criminal investigators might try to detain him for questioning on sedition charges. He said he would not attend the first hearing on Tuesday. Tuesday’s hearing is expected to be shortened due to his absence. But the court can proceed with its deliberations with or without him, starting with the second hearing scheduled for Thursday.
Lawyer Yoon Kap-geun said, “President Yoon intends to defend himself in court as many times as necessary.”
Yun’s martial law lasted just six hours after being rejected by opposition-led parliamentarians. But his attempt to place South Korea under military rule for the first time in 40 years has created long-term political uncertainty for key US allies, and the United States has expressed concern about Yoon’s move.
While Yun faces a parallel criminal investigation on sedition charges, the focus of resolving the presidency has now shifted to the Constitutional Court. The decision could help remove some of that uncertainty, or it could add to the confusion if it angers the public. .
In recent years, as the country’s political polarization has deepened, courts are increasingly handling cases that can only be resolved in court, such as those involving public servants, prosecutors, and judges who have been impeached by the Diet. Yoon becomes the third South Korean president to be impeached in the past 20 years.
In 2004, President Roh Moo-hyun was impeached by the National Assembly for violating election laws, but the court ruled that the crime was not serious enough and he was reinstated. In 2017, the court removed Park Geun-hye, another president who had been impeached on charges of corruption and abuse of power.
“When a country is adrift without a captain, or without knowing who the captain is, the Constitutional Court will get the country back on track,” said a lawyer from the populous Gyeonggi province surrounding Seoul. said Jeong Ji-eun, the association’s president.
South Korea has an independent Supreme Court, but the Constitutional Court was established in 1987 as the final body interpreting the constitution. Rival activists carrying banners and loudspeakers often gather at the courtroom, located in Seoul’s quiet old quarter, as the historic verdict approaches.
In 2005, it abolished the centuries-old practice of allowing children to take only their father’s last name. In 2009, he voted against a ban on nighttime protests that would allow citizens to gather outside of office hours to express their discontent, similar to the arguments for and against Yun in recent months. In 2015, the court decriminalized adultery. In 2019, it repealed a 66-year-old law that made abortion a crime punishable by up to two years in prison.
As the number of impeachment cases increases, the court’s political importance increases, as does its nine justices, who serve six-year terms. Three are the president, three are the chief justice, and three are chosen by political party.
The court currently has eight judges, with one vacancy. The two were selected by Yun et al. Three cases are by former and current Chief Justices of the Supreme Court. and three by Yoon’s predecessor, Moon Jae-in, and his current opposition party, the Democratic Party.
Mr. Yoon can be removed if six or more judges agree that he should be removed, but it may not be possible to do so based on partisanship on the court. Historically, justices have not voted based on who supported their appointment. The court unanimously decided to dismiss Park, even though some judges were appointed by the party.
Bang Seung-joo, a law professor at Hanyang University in Seoul, said the court’s decision would depend on the severity of the constitutional and legal crimes Yoon was found to have committed. It will also be considered whether the decision not to expel him would be more detrimental to the constitutional order and national interests than expulsion, such as fueling political instability, he said.
Prosecutors in the court, appointed by the National Assembly, allege that Mr. Yoon committed the riot when he ordered the military to occupy the parliament and detain his political opponents. Since taking office in 2022, Yun has been locked in a standoff with the National Assembly, which he called a “den of criminals” when justifying martial law.
According to prosecutors, Yoon also violated the constitution by banning all political activities and placing the press under military control.
State prosecutors have already arrested a former defense minister and several military generals on charges of aiding and abetting Yun’s rebellion. Prosecutors said Mr. Yoon ordered the general to break down the doors of the National Assembly and “drag out” the lawmakers “with fire if necessary.”
The president’s lawyer, Yoon Kapgun, said the testimonies were “corrupt.”
But legal analysts, including former Constitutional Court investigative judge Noh Hee-beom, believe the court could decide as early as February to ease the country’s political uncertainty and because there is sufficient evidence against him. It is expected that Yoon will be dismissed soon.
“It’s only a matter of time,” Noh said.
