Constitutional Court to decide on Yoon's fate

By Kim Dong-young Posted : December 14, 2024, 17:11 Updated : December 14, 2024, 17:11
The Yonhap
This file photo shows a hearing at the Constitutional Court. Yonhap
SEOUL, December 14 (AJP) - As parliament voted to impeach President Yoon Suk Yeol on Saturday over his contentious implementation of martial law, his fate will be decided by the Constitutional Court, which will deliberate the case for up to 180 days to determine whether impeachment has sufficient grounds and followed due process.

Should the court uphold the impeachment, South Korea will hold a presidential election within 60 days, as mandated by electoral law. Among the potential candidates are Democratic Party leader Lee Jae-myung, People Power Party leader Han Dong-hoon and Seoul Mayor Oh Se-hoon.

The impeachment motion, spearheaded by the opposition Democratic Party (DP) and supported by other progressive factions, garnered the necessary two-thirds majority in the National Assembly.

If the court accepts the decision, Yoon will become the second South Korean president to be ousted by impeachment following Park Geun-hye's removal in 2017.

Park, the nation's first female president, was jailed for bribery and abuse of power in a corruption scandal involving her confidante.

In 2004, President Roh Moo-hyun was impeached by parliament over alleged election law violations. However, the Constitutional Court reinstated him.
 
President Yoon Suk Yeol bows his head for greetings at the presidential office in Yongsan, Seoul on Dec. 12, 2024. Yonhap
President Yoon Suk Yeol bows his head for greetings at the presidential office in Yongsan, Seoul on Dec. 12, 2024. Yonhap

The nine-member Constitutional Court requires a majority of six judges to reach a decision. With only six of its nine seats currently filled, a unanimous agreement among the sitting justices is needed to uphold Yoon's impeachment. Both the ruling and opposition parties are racing to nominate candidates for the three vacant seats, as even a single dissenting vote could block the impeachment.

Legal analysts suggest that the impeachment is likely to be upheld.

“The appointment of the three vacant justice positions belongs to the National Assembly, with one nomination allocated to the People Power Party and two to the Democratic Party. Even if one of the current six justices opposes impeachment, the Constitutional Court would likely wait for the vacancies to be filled before finalizing its decision,” said Jeong Joo-baek, a professor at Chungnam National University Law School, in an interview with AJP.

“For the impeachment to fail, at least four of the nine justices would need to disagree,” Jeong added.

Prime Minister Han Duck-soo assumed the role of acting president during the court’s deliberation. However, Han himself is under scrutiny for alleged ties to the martial law crisis that led to Yoon’s impeachment, raising the possibility of his own ouster. If Han is impeached, Deputy Prime Minister and Finance Minister Choi Sang-mok is next in line to assume the acting presidency.

The National Assembly is set to form an impeachment prosecution committee comprising nine lawmakers from across the political spectrum. This committee will collaborate with a legal delegation of 15 to 20 lawyers, led by a chief counsel, who will oversee trial proceedings and evidence collection.

The prosecution team is expected to convene weekly to build its case for the Constitutional Court, while Yoon’s defense team readies its counterarguments. The Court’s last impeachment trial, concerning former President Park Geun-hye, took three months to reach a verdict.
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