SEOUL: The impeachment trial of South Korea’s suspended president Yoon Seok-yul begins on Tuesday, which will determine the future of the former top prosecutor after his brief martial law order.
South Korea’s constitutional court will decide whether to support the parliament’s resolution to remove Yoon from office or reinstate him as president.
Let’s take a look at what we know:
What is cooking?
Following Yun’s martial law decree, armed forces stormed the National Assembly building on December 3, breaking down fences, smashing windows and landing by helicopter.
The country’s opposition-controlled parliament rejected the decree hours later, forcing Yun to lift it.
The court has 180 days from Dec. 14, when it received the case, to decide whether Yun violated the constitution and the country’s martial law act.
Yoon faces separate criminal charges of “rebellion” but has refused to be questioned by investigators and has resisted arrest.
His lawyers have argued that the court should use the full 180 days – specifically to examine what “caused the declaration of martial law”.
Yun ‘may appear’
The five trial hearings will continue in Yoon’s absence from January 14 to February 4 if he does not appear.
Yun’s legal team says the former prosecutor lives inside his residence and could appear at a hearing, but security issues must be resolved first.
“There have been concerns about safety and possible incidents. Therefore, the president will not be able to attend the trial on January 14,” lawyer Yoon Cub-kyun said in a statement. AFP.
Former South Korean presidents Roh Moo-hyun and Park Geun-hye did not appear in their impeachment trials in 2004 and 2016-2017, respectively.
Park was removed from office by the court in 2017, while Roh was able to serve the full five-year term after the court restored her powers. was
For Park, it took about 90 days for the court to issue its decision, and about 60 days for Roh.
But “for Yoon, the reasons for his impeachment are relatively straightforward,” said Yonsei Law School professor Lee Jong-soo. AFP.
Eight judges
Acting President Choi Sang-mok last month appointed two new judges to fill three vacancies on the Constitutional Court bench, despite backlash from his ruling People’s Power Party.
The decision increases the chances of Yoon’s impeachment being upheld – at least six of the eight justices need to support the decision.
Three of the eight are considered liberal while the others are classified as centrist or conservative by local media.
The terms of two liberal judges, Lee Mi-soon and Moon Heung-bi, are set to expire on April 18.
“There is a strong possibility that a decision will be made before the two judges’ terms end,” Yonsei Lee said.
Presidential election
If the court dismisses Yun, a new presidential election could be held within 60 days.
If that scenario plays out, opposition leader Lee Jae-myung is widely expected to win.
But Lee faces several lawsuits over alleged corruption and other criminal charges.
He was convicted in November of violating election laws and given a suspended prison sentence, and will be barred from running if the Supreme Court upholds the sentence before new elections.
Legal experts say that if Lee wins the presidency before the court’s decision, his decision will likely be postponed until the end of the five-year term.
According to South Korea’s constitution, a president “shall not be charged with any criminal offense” in office, except for treason or treason.
Korea University law professor Kim Ha-Ul said the provision would be interpreted broadly to include criminal cases, allowing Lee to focus on his duties. AFP.
Yoon’s return?
Recent polls show approval ratings for Yun’s ruling party, which is defending the impeached president, are rising as the crisis continues.
A Gallup poll last week showed the People’s Power Party’s approval rating had risen to 34 percent from 24 percent three weeks ago.
Those opposed to a possible Lee presidency are rallying to support Yun’s party.
Park Sang-byung, a political commentator, stated that he believed that “the only party to oppose the Democratic Party is the People’s Power Party.” AFP.
If the Constitutional Court restores Yun’s powers, political experts are predicting further turmoil.
“There is a possibility of political retaliation (PPP),” said Chae Jin-won of Kyung Hee University’s College of Humanitas. AFP.
Yoon’s supporters and allies have accused the court of bias.
But the Constitutional Court is an impartial institution “not at all influenced by public opinion” and “makes fair decisions”, said Cheon Jae-hyun, a court spokesman. AFP.