Start of Constitutional Court Impeachment Proceedings: Justice Meeting Held on the 16th
‘Dedicated Research Team’ to be Formed: Constitutional Researchers Task Force (TF) to be Operated
Main Justices to be Randomly Assigned, with Two Presiding Justices Also Appointed
On December 16, the Constitutional Court of Korea will hold a meeting of justices at 10 a.m. to discuss the case handling schedule for the impeachment proceedings against President Yoon Suk-yeol, who has been impeached by the National Assembly for incidents like the ‘December 3 Uprising’. Acting on behalf of the chief justice, Moon Hyung-bae, had previously announced these plans to the media on the afternoon of the 14th, immediately after receiving the National Assembly’s impeachment resolution. It is known that the justices have already begun reviewing the case over the weekend, indicating the formal commencement of the proceedings with the meeting of the justices.
Formation of ‘Dedicated Research Team’ Reflects the Seriousness of the Matter
The Constitutional Court has also announced the intent to form a ‘dedicated research team’ for the impeachment proceedings. This team will consist of constitutional researchers who will form a task force within the court. They will be responsible for gathering and reviewing materials related to President Yoon’s impeachment, examining both domestic and international precedents and legal theories, and researching various procedural requirements needed for the proceedings. A similar team was established during the impeachment trial of former President Roh Moo-hyun in 2004, highlighting the significant importance of such proceedings. The court also assembled a similar ‘Impeachment TF’ during the trial of former President Park Geun-hye.
There are about 70 constitutional researchers within the court, distributed across various divisions or attached directly to certain justices or research institutes. However, the specific scale and duties of the dedicated research team remain undecided.
Main Justices ‘Randomly Assigned’; Two Presiding Justices Designated
On this day, the court plans to appoint the main justice, who will be determined through ‘random electronic allocation’ as per the court’s internal regulations. While such appointments are generally kept confidential, the main justice for significant cases like those of former President Park and former Minister of Public Administration and Security Lee Sang-min were publicly disclosed due to their importance.
The court also plans to assign presiding justices. Acting chief justice Moon stated, “We will involve the case in preparation procedures and appoint two presiding justices,” aiming for a swift and fair trial. Presiding justices lead the preparation process, organizing and summarizing the parties’ claims, evidence, and key issues to ready them for future hearings. They also decide on the publicity of the hearings, location, and evidence examination. The Constitutional Court chief justice can appoint up to three presiding justices. The main justice and presiding justices may be the same individuals or different ones.
Presiding justices can prepare and lead the preliminary stages of impeachment trials, and their actions can influence the speed and timing of the court’s decisions. Additionally, presiding justices have the authority to direct actions, which could include summoning President Yoon or demanding documents or verification.
What Are the Future Impeachment Procedures? Principally ‘Public and Oral Hearings’
Once the justices begin their deliberations, they will evaluate the reasons for impeachment. To reach a conclusion, all justices participate in discussions and exchange views.
The impeachment hearing process will proceed with public and oral hearings. Even if an involved party does not attend, the hearings can be held without them. In previous cases, former Presidents Roh Moo-hyun and Park Geun-hye did not attend the impeachment trial in person.
The court aims to proceed swiftly with the impeachment proceedings. After up to a month of preparation, identifying issues and witness lists, the court will likely hold weekly hearings for intensive examination. In Park Geun-hye’s impeachment trial, the preparation phase included three sessions, followed by 17 formal hearings.
According to the Constitutional Court Act, the court must issue a decision to either uphold or dismiss the impeachment within 180 days of receiving the case. However, it is anticipated that the actual proceedings may conclude sooner, as the impeachment processes for former Presidents Roh and Park lasted 63 and 91 days respectively.
If concluded, an impeachment requires approval from at least six justices. If an impeachment decision is reached, President Yoon is immediately removed from office. Conversely, if the impeachment is dismissed, he will return to his duties promptly.