'Constitutional Court's 111-Day Conclusion'… Ruling at 11 AM

The political fate of President Yoon Seok-yeol and the Republic of Korea will be decided on the 4th at 11 AM in the grand bench of the Constitutional Court. This comes 111 days after the impeachment motion passed through the National Assembly. Even after the conclusion of the argument on February 25, the Constitutional Court had deliberated for over a month, and now the time for the conclusion is approaching.

The Constitutional Court will broadcast the ruling live nationwide. A decision for removal requires the approval of 6 out of the 8 Constitutional Court justices. The moment of the ruling will be at the point when Acting Chief Justice Moon Hyung-bae reads the 'order,' which will take immediate effect.

The prerequisite for presidential impeachment under the Constitution is 'in cases of serious violation of the Constitution or law.' If the Constitutional Court accepts the grounds for impeachment from the National Assembly, President Yoon will be immediately removed from office, whereas if the motion is dismissed or rejected, he will promptly return to his duties.

The main point of contention is the 'Emergency Martial Law of December 3'… The Constitutional Court will make its first judicial determination

The core of this case is undoubtedly the 'Emergency Martial Law of December 3.' The Constitutional Court will first examine whether President Yoon violated the Constitution and the Martial Law Act during the declaration and lifting of the martial law. Key issues include whether Korean society at that time met the constitutional requirement of a 'national emergency,' whether there was an attempt to obstruct the National Assembly's resolution to lift the martial law, and whether there were directives to arrest politicians and legal professionals.

After determining the constitutionality or illegality of each issue, if the degree of the violation is significant enough to preclude the maintenance of the presidential office, a conclusion for impeachment will be reached. Conversely, if the Constitutional Court assesses that the grounds for impeachment are insufficient, it will result in a dismissal.

The Constitutional Court already concluded the argument procedures on February 25 with the 11th hearing, and the justices have entered deliberation for 38 days. On the 1st, they finalized their verdict and officially scheduled the ruling for the 4th. Even up to the day before the ruling, the justices were engaged in refining the wording, and the final decision will be confirmed during the last deliberation on the day of the ruling.

There is keen interest in the ruling format and timing… Will an integrated message be included?

The order of reading the ruling will vary depending on whether the justices are unanimous. If it is unanimous, Acting Chief Justice Moon will explain the reasons for the judgment before reading the order. If there are dissenting opinions, the order will be announced first, followed by the majority and minority opinions. However, considering the seriousness of the matter, there is speculation that the order may be revealed last.

The expected duration of the ruling is about 20 to 30 minutes. Former President Roh Moo-hyun took 25 minutes, while former President Park Geun-hye took 21 minutes, with this case being assessed to involve more contentious issues than both former presidents' impeachments. There is also interest in whether an integrated message will be included.

During the ruling of the impeachment of former President Park Geun-hye in 2017, Acting Chief Justice Lee Jung-mi included the phrase "I hope for the end of further national division and confusion" in the key points of the ruling.

President Yoon will not attend the Constitutional Court… "I plan to watch from the residence"

President Yoon will not attend the Constitutional Court on the day of the ruling and will watch the live broadcast from his residence in Hannam-dong. The impeachment committee members from the National Assembly, including Justice Committee Chairman Jeong Cheong-rae, and the defense team, along with President Yoon's legal team, will all be present at the Constitutional Court.

If the Constitutional Court accepts the impeachment motion, President Yoon will immediately lose his presidency and must leave the residence within a few days. The prevailing speculation is that he will move to private residences such as his house in Seocho-dong. On the other hand, if the ruling is dismissed or rejected, he will immediately return to the Yongsan Presidential Office and continue normal duties.

The Constitutional Court previously refrained from ruling on the constitutionality and legality of the emergency martial law during the impeachment trial of former Prime Minister Han Duck-soo, so this ruling carries symbolic significance as the first judicial evaluation of the December 3 incident. Consequently, it is expected to have a significant impact not only on President Yoon but also on follow-up investigations and trials concerning senior military and government officials at that time.

Image Source: Acting Chief Justice Moon Hyung-bae / News1, President Yoon Seok-yeol / News1, News1