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Constitutional Court begins review of Yoon’s impeachment case

Confirmation hearings for three nominees to fill court vacancies set for Wednesday

By Kim Da-sol

Published : Dec. 15, 2024 - 15:23

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The Constitutional Court of Korea in Jongno-gu, Seoul. (Yonhap) The Constitutional Court of Korea in Jongno-gu, Seoul. (Yonhap)

Parliament's resolution to impeach President Yoon Suk Yeol now rests with the Constitutional Court of Korea, which was set to review the case starting Monday at 10 a.m.

Moon Hyung-bae, the acting chief of the Constitutional Court, vowed to conduct a "swift and fair" trial, which will begin with six justices in the nine-member court.

The process is set to start just two days after the South Korean National Assembly passed a motion to impeach President Yoon, a move that immediately suspended his presidential powers. Rep. Jung Chung-rae, chair of the National Assembly’s Legislative and Judiciary Committee, sent the resolution to the Constitutional Court at 6:15 p.m. on Saturday.

Yoon’s will be the eighth impeachment case brought to the court this year — the highest number in a single year in Korea's constitutional history.

The Constitutional Court can deliberate the case for up to 180 days. But considering that the issue is more straightforward than previous impeachment cases, and with the Acting Chief Justice Moon and Justice Lee Mi-seon nearing the end of their terms, it is highly likely that the court will seek to conclude the case before then.

On Dec. 12, President Yoon admitted in a public address to the nation that his martial law attempt was meant as a "warning," making the constitutional issue relatively clear.

In 2004, the impeachment of the late former President Roh Moo-hyun took 63 days for the court to conclude, while the 2017 impeachment of President Park Geun-hye took 91 days.

What could complicate Yoon’s impeachment is the vacancies on the Constitutional Court.

Currently, three of the nine seats on the Constitutional Court are vacant, but that does not prevent the case from proceeding. The court ruled in October that it could hear the case even with six justices based on a provisional injunction requested by Lee Jin-sook, chair of the Korea Communications Commission.

The opposition Democratic Party has nominated candidates for two of the vacant judicial positions -- Jung Gye-seon and Ma Eun-hyeok, judges from the Seoul Eastern District Court -- while the ruling People Power Party has nominated one -- Cho Han-chang, former judge at the Seoul High Court.

The National Assembly is set to begin confirmation hearings on the nominees as early as Wednesday before their nominations are put to a vote. The speed of the process could allow for their appointments by early January, according to the main opposition party. This would enable the court to render a final decision on Yoon's case with a full nine-member panel, it said.

If at least six of the nine justices support the impeachment motion, President Yoon will be removed from office. Then a presidential election must be held within 60 days. If the impeachment motion is rejected, President Yoon will immediately resume his duties.