Explainer: Constitutional Court to Decide on President Yoon Suk Yeol of South Korea
South Korea is at a crossroads as its Constitutional Court prepares to deliberate on the impeachment of President Yoon Suk Yeol. Parliament impeached Yoon on December 3 over his controversial martial law decree, setting the stage for a legal and political showdown. As the first hearing approaches, here's an overview of the key issues shaping South Korea's immediate future.
What Happens Next?
President Yoon was impeached on December 14, when his presidential powers were suspended. However, he remains in office and therefore retains immunity from most charges except insurrection or treason. Meanwhile, the prime minister, Han Duck-soo, appointed by Yoon himself, serves as acting president.
The Constitutional Court is now tasked with a ruling on Yoon's fate within 180 days and can uphold the impeachment to oust him or reject the impeachment and restore his presidential authorities. If Yoon is removed or resigns, there must be a presidential election in South Korea within 60 days.
The first preparatory hearing is scheduled for Friday, when the legal teams will present their opening arguments.
Legal Teams and Strategy
The case for impeachment, meanwhile, is being spearheaded by opposition Democratic Party lawmaker Jung Chung-rae, chair of parliament's Legislation and Judiciary Committee.
While the president's legal counsel has not been officially announced, speculation abounds. His prosecutorial background has seen reports he may rely on former colleagues or even represent himself. Local media cite Kim Hong-il, a former prosecutor and head of the broadcasting regulator, and former Constitutional Court spokesperson Bae Bo-yoon as likely candidates for Yoon's legal team.
Challenges to a Court Ruling
The decision of the Constitutional Court is circumscribed by the constitution of South Korea, which requires six justices to agree on the removal of an impeached president. At the moment, though, the court has three vacancies, leaving only six active justices. That would mean the justices would have to vote unanimously to remove Yoon.
The Parliament, though dominated by the opposition Democratic Party, has this prerogative to fill vacancies and has actively pursued that course. But even otherwise, the court says deliberations and hearings can henceforth be done by existing justices.
Implications for South Korea
The political stability and mode of governance in South Korea will be greatly influenced by this verdict of the court. If he gets removed, then a fresh presidential election will reshape the leading dynamics of the country. Alternatively, the rejection of his impeachment may deepen the divides within politics and heighten tensions between him and the opposition.
Dramatic political upheavals that South Koreans witnessed in the past, including the impeachment of former President Park Geun-hye in 2017, have made them spectators again in this very pivotal moment.
As the Constitutional Court began to deliberate, South Korea waits with bated breath for a decision that will seal the country's political fate for years to come. The stakes are high, and democratic institutions of the nation once again hang in the balance.
Stay tuned for updates on this developing story.