South Korean President Yoon Suk-yeol was impeached on Dec. 14 over his short-lived and abrupt martial law declaration earlier this month. The final decision on Yoon’s impeachment now rests with the Constitutional Court.
Under the law, when the National Assembly passes an impeachment motion against a president, the court must either uphold or reject the motion within 180 days.
Yoon’s impeachment resolution was submitted to the Constitutional Court at 6:15 p.m. by Rep. Jung Chung-rae, chair of the National Assembly’s Legislative and Judiciary Committee.
Moon Hyung-bae, the acting chief of the Constitutional Court, said he will convene a meeting of judges on Monday, Dec. 16, to discuss the timeline for handling the case. He vowed to conduct a “swift and fair” trial.
If the court dismisses the impeachment, President Yoon will return to office. But if the impeachment is upheld, he will be removed from office immediately. In 2004, then-President Roh Moo-hyun returned to office 63 days after his impeachment charges were dismissed, while in 2017, then-President Park Geun-hye was removed from office 91 days after her impeachment case was upheld.
For the impeachment to be upheld, at least six of the nine Constitutional Court justices must vote in favor.
But the court currently has only six justices instead of the full nine as three vacancies remain unfilled following the retirement of former justices in October. Their replacements have yet to be appointed amid political gridlock between the ruling and opposition parties over the appointment process.
The main opposition Democratic Party of Korea, which spearheaded efforts to oust the president, has stepped up efforts to fill the vacancies only after deciding to file an impeachment motion against President Yoon. The party recommended two justices known for liberal views. The ruling People Power Party nominated a more conservative-leaning lawyer. All three nominees are expected to join the court following confirmation hearings as early as this month.
The current six sitting justices are considered a mix of conservative and liberal: four are categorized as moderate-conservative, while two are classified as liberal.
The vacancies raise questions about the court’s ability to proceed with a case as significant as a presidential impeachment. When asked whether the court can review the case only after the three vacancies are filled, Moon answered, “I don’t think so,” suggesting that the court can begin deliberations with six justices.
Under Constitutional Court law, at least seven justices must be present for deliberations, but the court suspended the seven-justice requirement in October.
When asked on November 5 whether impeachment cases could proceed without filling the three vacant seats, Acting Chief Justice Moon replied, “I don’t think so,” indicating that it is possible to deliberate on impeachment cases with only six judges.
However, when asked whether decisions on the president’s impeachment could also be made with six judges, Moon responded, “We will discuss it.” His answer implies that for a case as significant as a presidential impeachment, the decision should ideally involve all nine justices—or as close to nine as possible.
During President Roh Moo-hyun’s 2004 impeachment, all nine justice positions were filled, and in President Park Geun-hye’s 2017 case, the court was composed of eight justices.
The South Korean National Assembly voted to impeach President Yoon Suk-yeol earlier this day. The impeachment motion against him passed with 204 votes in favor, 85 against, 3 abstentions, and 8 invalid votes. Prime Minister Han Duck-soo will step in as acting president until the Constitutional Court makes its final decision.
