Constitutional Court's impeachment ruling delay sparks increased uncertainty

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Constitutional Court's impeachment ruling delay sparks increased uncertainty

Published: 19 Mar. 2025, 18:52 Updated: 19 Mar. 2025, 21:44

MICHAEL LEE
[email protected]

Audio report: written by reporters, read by AI

People opposed to President Yoon Suk Yeol's impeachment hold a protest across the street from the Constitutional Court in Jongno District, central Seoul, on March 19. [NEWS1]

The Constitutional Court said that it will not announce the date of its ruling on President Yoon Suk Yeol’s impeachment on Wednesday, raising the odds that it will deliver its decision next week.

The court’s delay in announcing the decision, which has passed the three-week mark since the last hearing of Yoon’s impeachment trial, has baffled both the conservative People Power Party (PPP), which supports the president, and the liberal Democratic Party (DP), which is demanding his removal for attempting to impose martial law on Dec. 3 last year.

The court issued its rulings on the impeachment cases of former presidents Roh Moo-hyun and Park Geun-hye within two weeks of their trials concluding. It also typically announces verdict dates two to three days in advance.

Roh was reinstated 63 days after his impeachment in 2004, while Park was dismissed 91 days after her suspension by the National Assembly in late 2016. Both decisions were announced on a Friday, which justices are believed to favor in order to imbue their rulings with a sense of closure following the political turmoil of a presidential impeachment.

As the total length of Yoon’s impeachment process approaches 100 days, frustration appears to be mounting among DP officials.

“The Constitutional Court’s incomprehensible delay is keeping many people up at night,” DP leader Rep. Lee Jae-myung wrote in a Facebook post on Tuesday. “I call on the court to swiftly issue a decision dismissing Yoon so that people can rest easy and no longer feel their lives are at risk.”

The DP leader is currently awaiting the outcome of his own legal battle, with the Seoul High Court set to decide his appeal on March 26. Lee is challenging a suspended one-year prison sentence handed down by a lower court for his alleged violation of election law.

Individuals who are sentenced to prison or fined more than 1 million won ($690) for violating the Public Official Election Act automatically forfeit their positions and are barred from running for office for ten years.

A DP insider who spoke to the JoongAng Ilbo on condition of anonymity expressed concern about the close timing of Yoon’s impeachment ruling and the decision on Lee’s appeal.

“Public opinion would likely be highly affected if a decision on Lee comes before the Constitutional Court’s judgment on Yoon,” the insider said.

Democratic Party leader Rep. Lee Jae-myung, second from left, speaks at an outdoor press conference at Gwanghwamun Plaza in Jongno District, central Seoul, on March 19. [JOINT PRESS CORPS]

Officials from the two rival parties have laid out competing arguments to explain the Constitutional Court’s delay.

In an interview with MBC on Tuesday, Gyeonggi Gov. Kim Dong-yeon argued the court is taking time “to reach a unanimous decision to minimize social division.”

The court’s justices have held closed-door deliberations almost every day since they heard the final oral arguments in Yoon’s impeachment trial on Feb. 25.

Likewise, DP Rep. Jeon Hyun-heui told MBC on Monday that she believes the court’s majority “has already reached a conclusion to uphold Yoon’s impeachment” and is working to resolve differences with dissenting justices.

Both of the court’s decisions on previous presidential impeachment cases were unanimous.

However, PPP Rep. Jang Dong-hyeok told reporters on Tuesday that acting Chief Justice Moon Hyung-bae “has no reason to delay the ruling if he has secured the required number of concurring justices.”

At least six of the eight current justices must support Yoon’s impeachment motion to effect his removal from office.

The Constitutional Court's nine-member bench is currently one justice short due to acting President Choi Sang-mok's refusal to appoint Ma Eun-hyuk, a senior judge at the Seoul Western District Court, despite Ma’s nomination by the DP-controlled National Assembly.

The court ruled on Feb. 27 that Choi had infringed on the legislature’s right to fill three seats on the bench by withholding his approval of Ma’s nomination. However, the court also stated that it could not compel Choi to seat Ma.

On Wednesday, DP leader Lee delivered a stark warning to Choi, suggesting that the acting president should “watch his back” if he continues to block Ma’s appointment. Lee cautioned that Choi could face arrest for “dereliction of duty” if he “fails to fulfill his constitutional obligation.”

DP floor leader Rep. Park Chan-dae also warned Choi that “he has until the end of the day” to approve Ma’s nomination, but did not specify what consequences the acting president might face if he refuses to do so.

These comments were fiercely criticized by PPP floor leader Rep. Kweon Seong-dong, who accused Lee of “inciting violence and terrorism” against Choi.

On Monday, PPP interim leader Rep. Kwon Young-se accused the DP of “plotting an uprising” should the Constitutional Court strike down the impeachment motion. He also urged Lee to announce his intent to accept the ruling, whatever it may be.

DP policy chief Rep. Jin Sung-joon fired back that the PPP should urge Yoon to accept the forthcoming decision.

“The person who should signal their acquiescence is the one accused of leading an insurrection,” Jin said.

BY MICHAEL LEE [[email protected]]