Critical week ahead as courts to rule on Prime Minister Han, DP leader Lee, maybe President Yoon

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Critical week ahead as courts to rule on Prime Minister Han, DP leader Lee, maybe President Yoon

Published: 23 Mar. 2025, 18:43 Updated: 23 Mar. 2025, 19:51

MICHAEL LEE
[email protected]

Audio report: written by reporters, read by AI

An official from the conservative People Power Party, left, holds a sign calling for President Yoon Suk Yeol's reinstatement, while a member of the liberal Democratic Party, right, holds a sign calling for his removal from office in front of the Constitutional Court in Jongno District, central Seoul, on March 23. [NEWS1]

The future of Korean politics could be decided in the coming week, when major court decisions are expected to determine the fates of Prime Minister Han Duck-soo, Democratic Party (DP) leader Lee Jae-myung and possibly President Yoon Suk Yeol.

The Constitutional Court is due to rule on Han’s impeachment at 10 a.m. Monday, while the Seoul High Court is scheduled on Wednesday to announce its judgment on Lee’s appeal against his conviction by a lower court on charges of violating the country’s election law.

Observers also anticipate that the Constitutional Court could announce the date of its ruling on Yoon’s impeachment soon, though earlier predictions proved premature.

The court usually gives two or three days’ notice of its rulings. It also issued both of its decisions on past presidential impeachments on a Friday, leading to predictions that its judgment on Yoon’s case will be announced on March 28.

The upcoming decision on Han’s impeachment, which was closely tied to Yoon’s brief attempt to impose martial law on Dec. 3 last year, is expected by many to clarify the Constitutional Court’s approach to the president’s case.

Though both the president and prime minister are accused of committing acts that violated the Constitution when Yoon declared martial law, Han was also accused of unconstitutionally refusing to appoint three of the National Assembly’s nominees for the nine-member Constitutional Court, which at the time of his impeachment had only six sitting justices.

Han was acting president from Dec. 14, when Yoon was impeached, to Dec. 27, when he was also suspended by the DP-controlled Assembly.

The prime minister claimed during his impeachment trial on Feb. 19 that he was following established political custom by refusing to seat court nominees who do not enjoy bipartisan consensus in the legislature.

Two of the court’s vacancies were filled by acting President Choi Sang-mok four days after Han’s impeachment, but its ninth seat remains empty.

Although the Constitutional Court ruled on Feb. 27 that Choi infringed on the Assembly’s constitutional right to fill three seats on its bench by refusing to appoint Ma Eun-hyuk, a trial court judge backed by the DP, that decision came out two months after Han had been impeached.

As such, it remains unclear whether the court would consider Han to have deliberately violated the Constitution during his brief tenure as acting president.

A rally against President Yoon Suk Yeol's impeachment took place at the southern end of Gwanghwamun Square in central Seoul, left, as a rally in favor of his removal from office took place at the northern end on March 22. [NEWS1]

During his trial, Han also claimed he had no foreknowledge of Yoon’s intent to declare martial law and tried to dissuade the president from carrying out his plan.

The National Assembly, on the other hand, has accused Han of aiding and abetting Yoon’s martial law bid by convening the Cabinet meeting where ministers were informed of the president’s impending decree.

In the past, the court has dismissed impeachment motions against officials accused of violating laws so long as it deemed their infractions were unintentional or not severe enough to justify dismissal.

Such was the case with former President Roh Moo-hyun, who was impeached in 2004 for violating a technical provision of the Constitution that mandates presidential impartiality.

A ruling that reinstates Han would empower arguments by the conservative People Power Party (PPP) that the DP has abused the Assembly’s impeachment power and that Yoon, too, should be restored to office.

However, if the Constitutional Court decides to uphold Han’s impeachment, the chances that it would also dismiss Yoon increase drastically. If that also happens, a presidential election must take place within 60 days of the court’s judgment.

While DP leader Lee has long led other presidential contenders in public opinion surveys, his frontrunner status could be thrown into doubt if the Seoul High Court upholds the suspended one-year prison sentence handed to him by a trial court in November last year on charges of lying during his last presidential campaign.

Candidates who receive prison sentences of any length or fines exceeding 1 million won ($680) for violations of the Public Official Election Act forfeit their office and are barred from standing in elections for 10 years.

If the Seoul High Court upholds the earlier sentence, Lee could appeal to the Supreme Court, but he would still come under immense pressure not to run in an early presidential election.

A guilty ruling against Lee would also strengthen the PPP’s arguments that he is a criminal.

Even if Lee were to receive a lighter sentence from the Seoul High Court than the one he received in November, the prosecution could still appeal the ruling.

BY MICHAEL LEE [[email protected]]