The Constitutional Court is expected to deliver a ruling on President Yoon Suk Yeol’s impeachment trial as early as the 14th. However, with the variable of the court canceling President Yoon’s detention, the case has many contentious issues compared to past presidential impeachment trials, and the possibility of participation by Justice candidate Ma Eun Hyuk could result in a delay before the ruling.
According to legal circles on the 9th, after the conclusion of arguments for President Yoon’s impeachment trial on the 25th of last month, the Constitutional Court has been holding deliberations almost daily to review the case. It is reported that the justices have been deepening discussions by debating issues based on reports prepared by a task force of constitutional researchers.
Initially, the legal community believed the ruling would most likely be announced on the 14th, following the precedent where judgments in the previous two presidential impeachments were delivered on Fridays approximately two weeks after the conclusion of arguments. If the impeachment is upheld, President Yoon would be immediately removed from office; if dismissed, he would return to his duties.
However, there is also a strong expectation that deliberations will be extended because President Yoon’s side is contesting both procedural and substantive issues thoroughly in the impeachment trial, which means the court has a lot to examine. In such a case, it could take an additional one to two weeks before the ruling is announced.
Particularly, there is a possibility that President Yoon’s side might raise additional procedural issues based on the court’s decision to cancel the detention. Previously, during the arguments, the President’s side raised several procedural issues, such as claiming that under the amended Criminal Procedure Act, interrogation records of suspects, including military commanders, prepared by prosecutors, should not be used as evidence without the consent of the parties involved.
The potential inclusion of candidate Justice Ma is another variable. Although the Constitutional Court approved a power dispute judgment on the 27th of last month, Acting President and Deputy Prime Minister for Economic Affairs Choi Sang Mok has not appointed candidate Ma for the 10th day. The Constitutional Court will have to decide whether to reopen arguments if candidate Ma joins mid-process or proceed with an eight-member panel for the ruling. However, given the numerous deliberations already conducted, there is a prevailing expectation that the decision will be made with the eight-member panel.
The exact date of the ruling is expected to be announced 2 to 3 days in advance. Former President Roh’s ruling date was announced three days prior, while former President Park’s was notified two days before.