Constitutional Court begins proceedings, impeachment trial could take a while

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Constitutional Court begins proceedings, impeachment trial could take a while

Published: 16 Dec. 2024, 19:15 Updated: 17 Dec. 2024, 17:14

CHO JUNG-WOO
[email protected]

Audio report: written by reporters, read by AI

Details on Constitutional Court justices and candidates [NAM JUNG-HYUN]

The Constitutional Court said Monday it will hold its first pretrial conference on President Yoon Suk Yeol’s impeachment on Dec. 27.

The announcement followed the court’s first meeting on the case earlier in the morning, marking the official start of impeachment proceedings against Yoon.

Justice Cheong Hyung-sik, who was appointed by Yoon, has reportedly been selected to preside over the case. The selection was made randomly by computer. While the court, in principle, does not disclose the presiding justice, the justice was also disclosed in former President Park Geun-hye’s impeachment case due to the gravity of the situation.

The National Assembly on Saturday voted to impeach Yoon following his short-lived declaration of martial law on Dec. 3. All 300 of the parliament’s lawmakers participated in the vote, with 204 supporting the motion, 85 opposing it, three abstaining and eight votes declared invalid.

Acting Chief Justice Moon Hyung-bae, along with Justices Lee Mi-son and Cheong, will oversee preparations for the upcoming preparatory hearing. The court also said it is in the process of delivering the written request for adjudication to Yoon and will soon announce the deadline for his written response.

Under the Constitutional Court Act, the “respondent may, upon receiving a written request or correction, submit a written answer to the Constitutional Court,” where the answer “shall state answers in response to the substance of the claim and the reasons for the request for adjudication.”

Six Constitutional Court justices are seated in the courtroom of the Constitutional Court in Jongno District, central Seoul, on Dec. 10. [YONHAP]

Once preparations are complete, the impeachment hearings will be held publicly, with either Yoon or his attorneys asked to attend. If both refuse to attend, the hearing can be postponed once, and after that, the hearing will be held without their presence.

To assist with the case, the court plans to establish a task force comprising 10 rapporteur judges, representing about 15 percent of its 66 rapporteur judges. This is half the size of the task force formed for former President Park’s impeachment trial.

The court stressed that Yoon’s impeachment trial will be prioritized. However, this does not mean it will suspend all other cases, unlike during Park’s impeachment proceedings. The pretrial conference for the impeachment of Board of Audit and Inspection Chair Choe Jae-hae, scheduled for Tuesday, and preliminary conferences for the impeachment of Seoul Central District Prosecutors’ Office Chief Lee Chang-soo and prosecutors Cho Sang-won and Choi Jae-hun, set for Wednesday, will proceed as planned.

However, the third impeachment hearing of Korea Communications Commission (KCC) Chief Lee Jin-sook may be delayed, depending on the National Assembly's hearing of Constitutional Court justice candidates.

The Constitutional Court has up to 180 days to uphold or reject the impeachment motion. Currently, the court is operating with only six justices, three fewer than the full nine-member bench. Despite this, the court said that both the review and trial can proceed with the current six justices.

The Constitutional Court is typically composed of nine justices — three recommended by the National Assembly, three by the president and three by the Supreme Court chief justice. According to the Constitutional Court Act, at least seven justices must participate in reviewing an impeachment motion, and at least six must approve it for the impeachment to be upheld.

The three seats designated by the National Assembly have been vacant since Oct. 17, when the terms of the previous justices expired amid political deadlock. Due to the vacancies, the court accepted an application for an injunction to suspend Article 23 of the Constitutional Court Act, which requires the attendance of seven or more justices for a review. The application was filed by KCC Chief Lee, who was suspended last month after being impeached by the National Assembly.

Despite the court's announcement, concerns persist over whether the six-justice bench can deliver a final ruling without undermining public trust.

“For the impeachment motion to be upheld, all six justices must unanimously agree,” Cha Jin-a, a constitutional law professor at Korea University's law school, told the Korea JoongAng Daily.

“While the review can proceed under the current system, questions will remain about what the outcome might have been with a full nine-justice bench.”

People pass by the Constitutional Court in Jongno District, central Seoul, on Dec. 14. [NEWS1]

The liberal Democratic Party (DP) has announced plans to hold a hearing this month to nominate three candidates during a plenary session of the National Assembly. The DP has recommended Seoul Western District Court Chief Justice Jeong Gye-son and presiding judge Ma Eun-hyeok, while the conservative People Power Party (PPP) has put forward attorney Jo Han-chang, a former presiding judge at the Seoul High Court.

After a parliamentary vote, the president must approve the appointments. However, since Yoon has been suspended from his duties, acting President Han Duck-soo must sign off on the nominations.

Regarding concerns that investigations into Yoon on insurrection charges might affect the impeachment trial, the court said suspending the procedure would be a “judiciary decision.”

Under Article 51 of the Constitutional Court Act, adjudication proceedings may be suspended if a criminal trial is underway for the same cause as the impeachment request. Former President Park’s case did not invoke this clause, as she was prosecuted after the court upheld her impeachment.

If Yoon is indicted during the impeachment trial, the court could potentially suspend proceedings, which might extend the review beyond 180 days until the criminal court issues its rulings.

According to Cha, however, the review process may take longer than anticipated, regardless of the criminal investigations.

"The Constitutional Court took 91 days to rule on former President Park’s case, despite her attorneys raising relatively few disputes over legal principles or pleas,” said Prof. Cha.

“Based on Yoon’s public address on Thursday, it seems likely that his side will focus on seriously addressing both the facts and legal principles,” she added, further noting the numerous individuals involved and conflicting testimonies.

BY CHO JUNG-WOO [[email protected]]