SEOUL: South Korea’s Constitutional Court will hold its first hearing tomorrow (Friday) in the case of President Yoon Seok-yul, who was impeached by parliament over his short-term martial law decree on December 3.
South Korea’s opposition Democratic Party will also vote on the impeachment of acting President Han Deok-soo on Friday. Yonhap News Agency.
Here are key issues for South Korea’s road ahead.
What next?
Yun’s presidential powers were suspended after his impeachment on December 14, but he remains in office with immunity from most charges except for rebellion or treason. Yoon-appointed Prime Minister Han Deok-soo is acting president.
The Constitutional Court must decide within 180 days whether to remove Yun from office or reject the impeachment and restore his powers. If the court removes Yun or he resigns, a presidential election must be held within 60 days.
The court is scheduled to hold its first preparatory hearing on Friday.
Opposition Democratic Party lawmaker Jang Ching-rae, head of the parliament’s Legislation and Judiciary Committee, is leading the charge to oust Yoon.
Yoon’s legal counsel has not yet been announced, but his background as a prosecutor has led to reports that he may be turning to former colleagues or representing himself.
Local media reported that Kim Hong-il, a former prosecutor and former head of the broadcasting regulator under Yoon, as well as former Constitutional Court spokesman Bi Bo-yoon, are expected to join Yoon’s legal teams in the impeachment review and criminal investigation. . .
Barriers to judicial decision?
Under South Korea’s constitution, six judges must agree to impeach the president. There are now three vacancies on the nine-member Constitutional Court, so the current judges must vote unanimously to remove Yoon.
The Constitutional Court has said that it can hear arguments with only six judges.
Three posts have been earmarked to be filled by Parliament. The main opposition Democratic Party, which has a majority in parliament, is trying to fill the vacancies.
Parliament held hearings on two potential nominees on Monday, which the ruling People’s Power Party boycotted, saying acting President Han did not have the right to appoint Constitutional Court judges.
There is precedent for an acting president appointing a Constitutional Court judge, as happened when former President Park Geun-hye was impeached in 2016-2017.
What happens in court?
In South Korea’s only previous presidential removal by impeachment, the court took three months to oust Park in 2017.
This time, the terms of two of the court’s judges are ending in April, and legal experts predict the court may try to rule earlier to reduce uncertainty.
In the past, academics say, Constitutional Court judges have not voted predictably because of political leanings, but have decided cases based on their own interpretation of the constitution.
Conservative efforts to drum up popular support for Yoon are not expected to influence the court’s decision, as candlelight rallies to oust Park despite conservative rallies to keep her in power. was removed from office despite fighting
In the case of Park, who like Yoon was from a center-right party, the court voted unanimously to remove her, with some judges seen as conservative and two of Park’s appointees.
Yoon also faces a criminal investigation into the martial law decision.
If indicted, he can ask the Constitutional Court to suspend the 180-day clock on the impeachment decision. The court rejected a similar plea in Park’s case.
In 2004, then-President Roh Moo-hyun, from a center-left party, was impeached for failing to maintain political neutrality as required of a top government official.
The court denied the motion about two months later, and Roh served his five-year term.