South Korea’s constitutional court will hold its first hearing on Friday in the case of President Eun Suk-yeol, after parliament impeached him on December 3 under a short-lived martial law decree.
Here are the key issues for South Korea’s way forward.
What happens now?
Since being impeached on December 14, Yoon’s presidential powers have been suspended but he remains in office, maintaining his immunity from most charges except for rebellion or treason. Prime Minister Han Duk-soo, appointed by Yun, is acting president.
The Constitutional Court must decide within 180 days whether to remove Yun from office or annul the impeachment and restore her powers. If the court removes Yun or he resigns, a presidential election must be held within 60 days.
The court is holding its first preliminary hearing on Friday.
Opposition Democratic Party lawmaker Jung Chung-rae, head of parliament’s Legislative and Judiciary Committee, is leading the charge to remove Yoon.
Yun’s legal counsel has not yet been announced, but his background as a prosecutor has sparked reports that he is turning to former colleagues or may even represent himself.
Kim Hong-il, a former prosecutor and former head of the broadcasting regulator under Yoon, as well as former Constitutional Court spokesman Bae Bo-eun, are expected to join Yoon’s legal team in the impeachment review and criminal investigation, local media reported. .
An obstacle to the court’s decision?
According to South Korea’s constitution, six judges must agree to remove an impeached president. There are currently three vacancies on the nine-member Constitutional Court, so the current judges would have to vote unanimously to remove Yun.
The Constitutional Court has said that only six judges can hear opinions and arguments.
Three vacancies have been earmarked for Parliament to fill. The main opposition party, the Democratic Party, which has a majority in the parliament, is trying to fill the vacancies.
Parliament held hearings this week for all three potential candidates, who were boycotted by the ruling People Power Party, saying acting President Han does not have the authority to appoint Constitutional Court judges.
There is precedent in 2016-2017 when former President Park Geun-hye was impeached by the acting president, appointing a Constitutional Court judge.
What happens in court?
South Korea’s only previous president was impeached by a court in 2017 that took three months to oust Park.
This time, the terms of two court judges expire in April, and legal experts predict that the court may seek to rule earlier to reduce uncertainty.
Academics say that in the past, Constitutional Court judges did not give predictable votes based on political leanings, but decided cases based on the interpretation of the Constitution.
Conservative efforts to drum up popular support for Yun are not expected to affect the court’s decision, as Park was ousted despite continued conservative rallies to keep her in power, with candlelight vigils to oust her.
In the case of Park, who like Yoon was from a center-right party, the court voted unanimously to remove her, including some judges seen as conservative and two Park appointees.
Yun is also facing a criminal investigation related to the martial law decision.
If charged, he can ask the Constitutional Court to suspend the clock for 180 days on the impeachment decision. The court denied a similar request 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 high public official.
The court denied the motion after about two months, and Roh served his five-year term.
Why should you buy our membership?
You want to be the smartest in the room.
You want access to our award-winning journalism.
You don’t want to be confused and misinformed.
Choose your subscription package