March 23 marked 100 days since the Constitutional Court received the impeachment case against South Korean President Yoon Suk-yeol. But the court has yet to set a date for its ruling.
Legal experts say the ruling could be pushed into April, as several politically sensitive cases are crowding the court’s docket this week, including the impeachment ruling for Prime Minister Han Duck-soo, the appellate verdict for Democratic Party leader Lee Jae-myung’s election law violation case, and the court’s regularly scheduled rulings on constitutional complaints.
The court is scheduled to deliver its decision on the impeachment case of Prime Minister Han Duck-soo on Mar. 24. It comes 87 days after the case was filed and 33 days after the final hearing on Feb. 19.
The court is scheduled to deliver its decision on the impeachment case of Prime Minister Han Duck-soo on Mar. 24. It comes 87 days after the case was filed and 33 days after the final hearing on Feb. 19.
While the court announced the date for Han’s ruling on Mar. 20, it has not yet done so for Yoon’s case as of Mar. 23. Given that the court typically announces the ruling date two to three days in advance, the earliest possible date for Yoon’s ruling this week would be between Mar. 26 and Mar. 28.
However, on Mar. 26, the Seoul High Court is scheduled to deliver its appellate ruling on opposition leader Lee Jae-myung’s election law violation case.
Lee, head of the Democratic Party, received a prison sentence in the first trial. The verdict could determine whether he remains eligible to run in the next presidential election, making it a highly sensitive issue in the nation. Legal observers say it is unlikely that the court would choose the same day to issue a ruling on Yoon’s case.
Authorities are also concerned about possible clashes between rival political supporters on the day of the presidential ruling. Local education officials have been considering school closures near the Constitutional Court on the day of the decision. But with nationwide college entrance exam simulations scheduled across high schools on Mar. 26, implementing emergency school closures may not be feasible.
On Mar. 27, the court is expected to proceed with its regular monthly ruling session, which typically covers constitutional complaints and other general cases. The court handed down 50 and 68 rulings during its regular sessions in January and February, respectively.
This month’s session carries additional weight, as Justices Moon Hyung-bae and Lee Mi-son are scheduled to retire on Apr. 18. Mar. 27 would be their final opportunity to issue rulings on cases they have reviewed, making it unlikely for the court to postpone the session.
An official within the court said “Justices typically aim to clear pending cases before retirement, which makes it even more likely that the regular ruling session will proceed as planned.” However, the court has not confirmed whether the session will go ahead as scheduled.
Given the tight schedule, many believe Mar. 28, a Friday, is the most likely date for a ruling on Yoon’s impeachment. The Constitutional Court also handed down rulings on the impeachments of former Presidents Roh Moo-hyun and Park Geun-hye on Fridays. Still, the court has never issued three rulings in a single week, nor has it delivered decisions on consecutive days at any point in the past 20 years.
Some legal experts suggest the delay may stem from more than just scheduling issues. “If justices haven’t reached a consensus on key issues and procedural matters, the ruling could be delayed even further,” one legal source said, adding that the decision may not come until April.
Kim Seon-taek, a professor at Korea University, said, “If the justices had already made up their minds, they would move on to a vote and finalize their opinions. But it seems like they’re still struggling to coordinate views.” He added, “If it’s difficult to deliver a ruling this week, acting Chief Justice Moon Hyung-bae needs to step in and set a clear deadline.”
Lee In-ho, a professor at Chung-Ang University, said the court must carefully examine complex legal questions, including whether Yoon met the legal threshold to exercise emergency powers and whether charges related to insurrection under the criminal code should be withdrawn from the impeachment grounds.
“If the justices disagree on these issues, even if each one has reached their own conclusion, it could take more than a week just to reflect those positions in the written ruling,” he said.
Some legal observers also believe the ruling document could take longer to finalize because of its expected length. The decision on former President Roh Moo-hyun ran 61 pages, while the one on Park Geun-hye was 89 pages. One legal insider said the ruling on Yoon could “easily exceed 100 pages,” explaining that “since the president personally appeared before the court and raised a number of issues himself, the court will likely need to address and respond to each point in detail.”