In six weeks, South Korea has gone through its worst political crisis in decades, calling into question the stability of the country's democracy. The Constitutional Court took its biggest step toward a resolution on Tuesday when it began debating whether to remove or reinstate the country's impeached president.
The eight judges at the court will be the final arbiter of President Yoon Suk Yeol's fate. announced impeachment and was removed from office by the National Assembly on December 14 for his short-term statement. martial law 11 days ago.
The stakes are high. Rival citizen groups have been rallying outside the court for weeks, some demanding either Mr. Yoon's resignation or his reinstatement. Hardliners on both sides have warned of “civil war” if the court does not rule in their favor.
If Mr. Yoon is ousted, it would be another devastating blow to the country's conservative camp: He would become the third consecutive conservative president to be ousted, imprisoned, or both before or after his term ends.
Ha Sang-eung, a political science professor at Sogang University in Seoul, said if a deeply unpopular leader is allowed to return to office, it could set a precedent for future leaders to use martial law as a political tool.
“I wonder how other democratic countries in the world will view what is happening in South Korea,” Mr. Ha said.
Mr. Yoon has vowed to win at the Constitutional Court. But his lawyers said he would not attend Tuesday's first hearing, citing fears that if he left, criminal investigators might try to detain him for questioning on sedition charges. his strong residence In the heart of Seoul. His absence is expected to shorten Tuesday's hearing. But the court can continue deliberations from the second session scheduled for Thursday – with or without him.
“President Yoon will defend himself in court as long as necessary,” said his lawyer, Yoon Kab-keun.
Mr. Yoon's military status it lasted only six hours after being rejected by lawmakers in the opposition-led National Assembly. But his attempt to bring South Korea under military rule for the first time in four decades has created lingering political uncertainty in a key US ally, prompting Mr Yoon's unease at the move.
With Mr. Yoon facing a parallel criminal investigation on sedition charges, attention now turns to the Constitutional Court to resolve his presidency: Its decision could help clear up some of that uncertainty, or add to the confusion if it angers the public. .
As the country's political polarization has deepened in recent years, the court has been dealing with an increasing number of cases it can only handle: officials, prosecutors and judges impeached by the National Assembly. Mr. Yoon is the third South Korean president to be impeached in the past two decades.
In 2004, President Roh Moo-hyun was impeached by the National Assembly for violating election laws, but he reinstated by the courtdecided that his crime was not serious enough. Court in 2017 Park Geun-hye has been overthrownanother president impeached for corruption and abuse of power.
“When the country to drift without a captain or the Constitutional Court lets him go without knowing who the captain is,” said Jung Ji Ung, a lawyer and president of the bar association of Gyeonggi Province, which surrounds Seoul.
South Korea has a separate Supreme Court, but it established the Constitutional Court in 1987 as the primary interpreter of its Constitution. The court, located in Seoul's quiet old town, has often attracted rival activists holding placards and loudspeakers as the historic verdicts approach.
In 2005, it abolished the centuries-old practice of allowing children to adopt only their father's surname. In 2009, he voted against a ban on night-time protest rallies that would have allowed citizens to gather after hours to air their grievances, as Mr. Yoon has voted for and against in recent months. Court in 2015 decriminalized adultery. In 2019, he was shot a 66-year-old law that makes abortion a crime punishable by up to two years in prison.
As the number of impeachment cases has increased, the court's political importance has grown, and it has nine judges who serve six-year terms each. Three are elected by the president, three by the president of the Supreme Court, and three by political parties.
The current court has eight judges and one vacancy. Two were chosen by Mr. Yoon and his party; three by the former and current Chief Justice of the Supreme Court; and three by Mr. Yoon's predecessor, Moon Jae-in, and his current opposition Democratic Party.
Mr. Yoon could be removed from office if six or more judges agree that he should, but he will not be able to rely on partisanship in the court to save him. In the past, justices have not always voted based on who supported their appointments: The court unanimously ruled to remove Ms. Park, even though some of them were appointed by her party.
Bang Seung-Ju, a professor at Hanyang University Law School in Seoul, said the court's decision would depend on the gravity of any constitutional and legal violations committed by Mr. Yoon. It will also weigh whether a decision not to expel him would cause more damage to the constitutional order and national interests than removing him from office, further fueling political instability.
Prosecutors for the trial are appointed by the National Assembly and say Mr. Yoon rebelled when he sent armed troops into the Assembly ordered to seize parliament and arrest political enemies. Since taking office in 2022, Mr. Yoon has been at odds with the National Assembly, which he called a “den of criminals” while justifying martial law.
According to prosecutors, Mr. Yoon also violated the Constitution by banning all political activity and placing the news media under military control.
State prosecutors have already arrested the former defense minister and several military generals on charges of aiding Mr. Yoon in the uprising. According to prosecutors, Mr. Yoon ordered the generals to break down the doors of the National Assembly “by shooting if necessary” and “drag out” lawmakers.
The president's lawyer Mr. Yoon Kab-keun called these statements “awesome”.
But legal analysts, including Noh Hee-bum, a former research judge at the Constitutional Court, expect the court to remove Mr. Yoon from office in February to reduce political uncertainty in the country and because there is enough evidence against him.
“It's just a matter of time,” Mr. Noh said.