Constitutional Court’s impeachment ruling should spark constitutional reform

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Constitutional Court’s impeachment ruling should spark constitutional reform

Published: 07 Apr. 2025, 00:02

Audio report: written by reporters, read by AI

Lee Ki-wu

The author is an emeritus professor at Inha University Law School and a member of the JoongAng Ilbo’s Reset Korea campaign’s committee on constitutional amendment.

On April 4, the impeachment trial was broadcast live nationwide. When acting Chief Justice of the Constitutional Court Moon Hyung-bae announced, “We hereby remove President Yoon Suk Yeol from office,” a wave of cheers erupted among many, while others responded with profound sorrow. However, these two groups of citizens are not adversaries in the sense described by German constitutional theorist Carl Schmitt. Rather, they are all patriotic citizens who must coexist. They must embrace one another for the nation’s future.

The political sphere should humbly accept the court's guidance that political confrontations should be resolved politically. The impeachment ruling should serve as an opportunity to unite opposing camps divided over the issue and open a pathway toward a better future.

Constitutional Court justices announce their ruling on President Yoon Suk Yeol's impeachment at the court in Jongno District, central Seoul, on April 4. [JOINT PRESS CORPS]

The court’s decision deserves praise for clearly addressing major issues in a way the general public could easily understand and for reflecting a thoughtful consideration toward national unity. However, the Constitutional Court did leave some ambiguity regarding the procedural legitimacy of the impeachment process. The withdrawal of controversial charges, such as rebellion, initially cited by the National Assembly as grounds for impeachment, raised concerns. Nonetheless, considering the urgency and gravity of the case, all eight Constitutional Court justices decided not to raise procedural issues separately, interpreting that the substance of the impeachment charges remained consistent.

The court’s removal of the president is final and irreversible. Those who disagree must now demonstrate patriotic patience and courage by accepting the decision for the nation’s unity and future, a stance that deserves recognition. Rejecting the impeachment decision would plunge the nation into crisis. In 2000, former U.S. Vice President Al Gore earned widespread respect when he conceded defeat after the Supreme Court's ruling on the presidential election, declaring, “I strongly disagree with the Court’s decision, but I accept it for the unity of our people and the strength of our democracy.”

The most urgent task in this political crisis is constitutional reform aimed at preventing recurring tragedies fueled by political conflict and polarization. Constitutional revision must focus on decentralization to address the winner-take-all approach, abuses of power, incompetence, corruption, irresponsibility and institutional paralysis caused by the current concentration of power.

The reform should pursue vertical decentralization, sharing central power with local governments and horizontal decentralization, ensuring that power within both central and local governments is distributed to avoid concentration in specific institutions or individuals. Citizens should also have mechanisms — such as citizen initiatives, referendums and recalls — to control governmental abuses of power. Constitutional amendment procedures must also become more flexible, allowing citizen-initiated amendments when the National Assembly or president avoids necessary constitutional reforms.

National Assembly Speaker Woo Won-shik holds a press conference on April 6 urging to reform the Constitutional Law. [NEWS1]

Electoral system reforms, such as adopting multimember constituencies to overcome extreme polarization and the winner-take-all system, should be boldly pursued. Additionally, reforming party laws to improve political parties' credibility and democratic processes is essential. The upcoming presidential election, already underway, must serve as a practical platform for constitutional and political reforms that heal political dysfunction, unify citizens and pave the way for the Seventh Republic.

National Assembly Speaker Woo Won-shik recently proposed holding a referendum on constitutional reform simultaneously with the next presidential election. Although previous presidential candidates frequently promised constitutional reforms, these pledges have repeatedly stalled due to political calculations. This pattern must change. The Democratic Party, previously vague on constitutional amendments while prioritizing impeachment, must now actively support constitutional reform.

Though the upcoming early presidential election must be held within 60 days after impeachment, there is no insurmountable obstacle to combining it with a constitutional referendum, provided the political determination is firm. To ensure constitutional reform and political changes are not left as empty promises, presidential candidates must commit themselves actively. The next presidential election should decisively reform Korea's outdated constitution.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.