Category: Politics-Korea

Constitutional Court Dismisses Impeachment Against Prime Minister Han; Will Yoon’s Charges Be Dismissed Next?

The impeachment charges against Han have been dropped which has caused him to be reinstated as the interim President:

The Constitutional Court dismissed the impeachment of Prime Minister Han Duck-soo on Monday, reinstating him as acting president in the ongoing turmoil over suspended President Yoon Suk Yeol’s brief imposition of martial law.

Han’s impeachment was dismissed in a 5-1 vote by the court’s eight justices. Two justices voted to reject the impeachment motion entirely.

The ruling came three months after the National Assembly impeached the prime minister and then acting president over his alleged role in Yoon’s Dec. 3 declaration of martial law, among other reasons.

Four of the five justices who voted to dismiss Han’s impeachment acknowledged there were violations of the Constitution and the law in his decision to defer the appointment of additional justices to the court, but noted it did not justify his removal from office.

As the only justice to uphold the impeachment, however, Justice Chung Kye-sun said the violations were “serious” enough to warrant his dismissal.

You can read more at the link, but I think people should not read too much into this dismissal as it relates to impeached President Yoon Suk-yeol. None of the justices believed that Han had anything to do with the martial law declaration:

The six justices who voted to either dismiss or uphold the impeachment said there was no evidence to back the National Assembly’s accusations that Han took proactive action to give legitimacy to Yoon’s martial law bid, such as by convening a Cabinet meeting ahead of its declaration.

For Yoon to get his charges dismissed he needed to convince the judges that his martial law declaration did not violate the ROK constitution and laws which is very different charges than what Han was facing. With Han impeachment decision now completed it will be interesting to see if the Constitutional Court releases their decision on Yoon at the end of the week.

Constitutional Court to Deliver Ruling on Impeached Prime Minister on Monday

It seems to me that if this impeachment decision is being released on Monday that Yoon’s impeachment decision will likely be later in the week:

The Constitutional Court said Thursday it will deliver its ruling on Prime Minister Han Duck-soo’s impeachment over martial law-related allegations next week.

The verdict will be announced at 10 a.m. Monday, the court said in a notice to the press, three months after he was impeached by the National Assembly over a string of allegations related to President Yoon Suk Yeol’s failed bid to impose martial law in December.

If the impeachment motion is upheld, Han will be removed from office. If it is dismissed, he will be reinstated.

Under the Constitution, the consent of at least six justices is required to uphold an impeachment motion. There are currently eight justices on the bench.

The motion against Han lists five reasons for his impeachment, including his alleged involvement in imposing martial law, his refusal to appoint additional justices to the Constitutional Court, and his refusal to promulgate two special counsel bills targeting Yoon and first lady Kim Keon Hee.

Yonhap

You can read more at the link.

Constitutional Court Impeachment Decision Taking Longer than Expected

The longer this is taking I think shows that a majority of the judges is currently against impeachment or still undecided with their decision:

Protesters engage in intermittent fasting in front of Gwanghwamun in Seoul on Wednesday, to protest President Yoon Suk Yeol's martial law declaration last December. (Yonhap)
Protesters engage in intermittent fasting in front of Gwanghwamun in Seoul on Wednesday, to protest President Yoon Suk Yeol’s martial law declaration last December. (Yonhap)

The Constitutional Court’s deliberation on the motion to impeach President Yoon Suk Yeol is taking longer than expected, as more than three weeks have passed since hearings ended in late February.

Deliberations in the impeachment cases of former presidents Park Geun-hye and Roh Moo-hyun concluded within two weeks.

Although Justice Cheong Hyung-sik, who presides over the case, stressed in December a speedy ruling on the case of Yoon and his short-lived martial law imposition, the court bench has yet to announce the date for its final verdict as of press time. The court typically announces verdict dates at least two or three weekdays in advance, meaning without an announcement Wednesday, it will likely be delivered next week. (………..)

A majority opinion of at least six of eight justices is required to uphold an impeachment.

Kim Seon-taek, a professor of law at Korea University who specializes in constitutional law, said the amount of time it was taking suggested a lack of consensus among the justices.

Korea Herald

You can read more at the link.

Korean Presidential Impeachment Decision Expected Later this Week

If the decision is released this week it will be interesting to see if any riots happen:

Razor wire lines the perimeter of the Constitutional Court in central Seoul and police buses have formed barricades around the area, Sunday. Yonhap

The spotlight is now on the Constitutional Court as it prepares to rule on President Yoon Suk Yeol’s impeachment case. There is widespread speculation that the court will announce its final decision this week, determining whether Yoon will be reinstated or removed from office for his Dec. 3 martial law declaration.

Many observers expect the court will announce the ruling date early this week and deliver the verdict sometime between Wednesday and Friday, following the timeline of previous presidential impeachments.

Korea Times

You can read more at the link.

Constitutional Court Dismisses Impeachments of Government Officials by the National Assembly

Here is an interesting ruling from the Constitutional Court that these four officials impeached by the DPK controlled National Assembly should be reinstated:

The Constitutional Court of Korea on Thursday dismissed the National Assembly’s impeachment motion against Choe Jae-hae, who had been suspended from his duties as chair of the Board of Audit and Inspection, and three prosecutors, reinstating them immediately to their positions.

Thursday’s rulings were seen as a potential indicator of how the court might approach key issues in President Yoon Suk Yeol’s impeachment trial, including his claim that the main opposition party has obstructed state affairs by impeaching key administration officials.

The court had yet to announce the date for Yoon’s verdict as of Thursday afternoon.

Yoon has argued several times during his trial that the main opposition Democratic Party’s attempts to impeach these four officials were among the reasons behind his decision to declare martial law, claiming that a succession of impeachments of high-ranking officials has paralyzed state affairs.

Korea Herald

You can read more at the link.

Korean Political Parties Compete to Shape Public Opinion Before Constitution Court’s Impeachment Ruling

Korea is a country where judges tend to factor in public sentiment when making decisions. That is why you see both the DPK and PPP trying hard to court public opinon against and for Yoon before the court’s impeachment decision:

Police buses surround the Constitutional Court in central Seoul, Wednesday, to prevent violent clashes as a verdict on President Yoon Suk Yeol's impeachment nears. Yonhap

Police buses surround the Constitutional Court in central Seoul, Wednesday, to prevent violent clashes as a verdict on President Yoon Suk Yeol’s impeachment nears. Yonhap

As political gridlock deepens over the impeachment of President Yoon Suk Yeol, meaningful policy debate has all but vanished from Korea’s political landscape.

Following Yoon’s sudden release from detention last week ahead of the Constitutional Court’s ruling, both the ruling and opposition parties have escalated their rhetoric, with loud protests now dominating the National Assembly. With the Assembly’s role as a national representative body increasingly sidelined, concerns are mounting that the growing partisan conflict will not only undermine the court’s decision but further destabilize the country, according to experts.

The ruling People Power Party (PPP) said Wednesday that it would not directly confront the opposition’s escalating street protests calling for Yoon’s impeachment.

“If serious issues arise, the PPP will take collective action, just as the main opposition Democratic Party of Korea (DPK) has. However, we will not resort to street protests or hunger strikes to pressure the Constitutional Court, as the DPK is doing. Instead, we will express our stance through official parliamentary channels,” PPP floor leader Kweon Seong-dong told reporters at the National Assembly in Seoul.

However, the conservative party’s decision appears to be driven more by political strategy than policy concerns. The party seems cautious that organizing an official rally could give a platform to the more extreme voices within Yoon’s support base, potentially alienating centrist voters, whose support is already fragile.

Korea Times

You can read more at the link.

Tweet of the Day: Why the DPK is Blaming the Prosecution Instead of the Judge for Yoon’s Release

Opposition Lawmakers Shave Their Heads and Go on Hunger Strike in Effort to Influence Court to Confirm Impeachment of Yoon

This is not much of a hunger strike considering the impeachment ruling from the Constitutional Court is imminent any day now:

Some lawmakers of opposition parties on Tuesday launched a hunger strike calling for a verdict by the Constitutional Court to officially remove impeached President Yoon Suk Yeol from office over his failed bid to impose martial law. 

A group of opposition lawmakers, including from the main opposition Democratic Party (DP), the Rebuilding Korea Party and the Progressive Party, went on the hunger strike urging the court swiftly dismiss Yoon, who was released from detention last Saturday.

Yoon’s release came as another court allowed him to stand trial without physical detention, citing some questions about the legality of investigations over his charges.

Yonhap

You can read more at the link.