韓国かんこく ユン大統領だいとうりょうの弾劾だんがい妥当だとうか きょう決定けってい言い渡いいわたし 憲法けんぽう裁判所さいばんしょ

The Constitutional Court, which has been reviewing whether the impeachment of President Yoon Seok-yeol, who declared martial law in South Korea, is appropriate, will deliver its decision on the 4th.

The decision will be made whether President Yun will be dismissed or return to duty, and amid the ongoing chaos in South Korean society following the declaration of emergency martial law, the Constitutional Courts judgment is drawing attention.

Regarding South Korean President Yoon Seok-youl, who declared a state of emergency last December, a motion calling for his impeachment was passed in the National Assembly, and the Constitutional Court has been examining whether the impeachment is justified.

The Constitutional Court is scheduled to announce its decision based on the results of the deliberation from 11 a.m. on the 4th.

<br><br>If 6 or more out of the 8 judges of the Constitutional Court agree to the impeachment, it will be deemed valid, and President Yoon will be immediately removed from office, and a presidential election will be held within 60 days.

<br><br>On the other hand, if the number of those in favor of impeachment does not reach six, the request for impeachment will be dismissed, and President Yoon, who has been suspended from duty since December 14 last year, will return to his duties.

It has been announced by the defense team that President Yoon himself will not attend the trial on the 4th, and he is expected to be staying at the presidential residence in Seoul when the verdict is delivered.

<br><br>It has been four months since South Korean society fell into great turmoil due to President Yoons state of emergency, and the Constitutional Courts decision is drawing attention.

<br>Progress since Martial Law<br>South Korean President Yoon Seok-youl declared martial law on the night of December 3 last year, citing the oppositions refusal to agree on the budget bill as a reason.

<br><br>In response to this, the martial law commander announced a proclamation order that included a ban on political activities and control over the media, leading to a situation where military forces stormed the parliament building.

On the early morning of the 4th, the South Korean National Assembly passed a resolution demanding the lifting of emergency martial law, and President Yoon announced the lifting of emergency martial law about six hours after the declaration.

<br><br>On that day, six opposition parties, including the largest opposition party, the Democratic Party, submitted a bill to the National Assembly calling for the impeachment of President Yoon. Although it was initially rejected, on December 14, some ruling party members also voted in favor at the plenary session, and the impeachment bill was passed, resulting in the suspension of President Yoons duties.

<br><br>In response to this, the impeachment trial in the Constitutional Court to determine whether the impeachment is appropriate began at the end of December.

At the same time as the impeachment proceedings were underway, investigative agencies proceeded with an investigation into President Yoon on suspicion of insurrection, etc.

<br><br>The joint investigation headquarters, which obtained an arrest warrant, attempted to execute it on January 3rd this year, but at that time, they were thwarted by the Presidential Security Service and abandoned the execution of the warrant.

<br><br>Approximately two weeks later, after preparations were made, a warrant was executed again, and the president was detained on suspicion of masterminding a rebellion.

<br><br>Subsequently, President Yun was arrested and indicted on January 26 for masterminding a rebellion.

<br><br>This is the first time a sitting president has been arrested and indicted in South Korea.

Since January, President Yoon has been detained in a detention center near Seoul. During this time, the impeachment trial continued in the Constitutional Court, and President Yoon himself attended the hearings held until late February, asserting the legitimacy of the state of emergency.

<br><br>Meanwhile, the Seoul District Court decided to cancel the detention on the 7th of last month, questioning whether the procedure for detaining the president was legal, and President Yoon was released on the 8th.

<br>Who is President Yoon Seok-yeol?<br>President Yoon Seok-yeol is a 64-year-old from the capital, Seoul.

<br><br>After graduating from the prestigious Seoul National University, I passed the bar exam and became a prosecutor.

The investigative skills that thoroughly probed bribery cases involving conservative former presidents Park Geun-hye and Lee Myung-bak were recognized by the progressive former president Moon Jae-in, leading to his appointment as the top prosecutor general in 2019.

<br><br>Afterwards, the confrontation with the administration deepened as he pursued allegations against aides of former President Moon, leading to his resignation as Prosecutor General. However, his stance against the administration was supported, and there was growing anticipation for his entry into the political world.

<br><br>And without any political experience, in 2021, he joined the then-largest conservative opposition party, People Power Party, and was selected as the official candidate for the presidential election.

<br><br>And in the March 2022 presidential election, Lee Jae-myung of the then ruling Democratic Party of Korea lost by 0

Won by a margin of 73 points and took office as president in May.

<br><br>In domestic policy, there was a willingness to reform in the areas of labor, education, and pensions, but since the inauguration, the opposition party has held the majority in the Diet, and cases where bills submitted by the government were rejected by the opposition were conspicuous.

In an attempt to break out of this situation, they aimed to break away from being a minority ruling party in the general election held last April, but the ruling party suffered a major defeat, and the opposition continued to hold the initiative in the parliament.

<br><br>On the other hand, in foreign policy where the presidents authority is strong, he has demonstrated his own color and has adopted a strict stance, shifting from the conciliatory attitude towards North Korea of the previous Moon Jae-in administration.

<br><br>In addition, it showed strong willingness to improve Japan-South Korea relations, which were said to be the worst since the war, and in March last year, presented a solution as the South Korean government regarding the issue of forced labor during the Pacific War, which is one of the biggest pending issues in the relations between the two countries.

<br><br>And 10 days after that announcement, he visited Japan to meet with then-Prime Minister Kishida, and has consistently worked to improve Japan-South Korea relations, including mutual visits between leaders known as shuttle diplomacy.

<br>What is the Constitutional Court of Korea?<br>Established in 1988, the Constitutional Court of Korea is an independent body that reviews whether individual laws violate the constitution and whether the impeachment of the president and high-ranking government officials is appropriate.

<br><br>Regarding the impeachment of the president, it is determined within 180 days whether the impeachment is justified after the impeachment bill is passed in the National Assembly and a report is received.

<br><br>The number of judges is nine, and if six of them deem it appropriate, the president will be dismissed.

The nine judges are appointed by the National Diet, the President, and the Supreme Court, with each appointing three judges.

Currently, there is one vacancy, so there are 8 judges, but just like when there are 9, if 6 or more agree, the impeachment is decided.

<br>Past examples of impeachment trials<br>In South Korea, there have been trials at the Constitutional Court to determine whether impeachment was justified for two sitting presidents.

In March 2004, a motion to impeach then-President Roh Moo-hyun was passed in the National Assembly, and his duties were suspended due to incidents such as his aides receiving political funds illegally.

<br>However, in May 2004, the Constitutional Court ruled that impeachment was not appropriate, stating that the president was not directly involved in the case of illegal funds, and President Roh returned to office in two months.

In December 2016, an impeachment motion was passed against then-President Park Geun-hye due to reasons such as the intervention of acquaintances in the personnel affairs of senior officials at the presidential office.

The Constitutional Court ruled in March 2017, three months later, that the impeachment was justified due to involvement in pursuing private interests of acquaintances, and Park became the first South Korean president to be dismissed.

The flow after the Constitutional Courts decision is that if the Constitutional Court decides that the impeachment of President Yoon Seok-yeol is justified, President Yoon, who is suspended from duties, will be immediately dismissed.

<br><br>And the presidential election scheduled for March 2027 will be moved up and held within 60 days

<br><br>On the other hand, if the Constitutional Court decides that the impeachment of President Yoon is not justified, President Yoon will return to his duties.

<br>Impeachment Trial: Points of Dispute and Arguments from Both Sides<br>The Constitutional Court of Korea held 11 hearings starting from mid-January this year, with President Yoon himself attending 8 of them.

<br><br>In addition, during the debate, 16 people, including former Defense Minister Kim Young-hyun, who was indicted for advising President Yoon on martial law and participating in important tasks of the rebellion, took the witness stand and testified about the time of martial law.

<br><br>The focal point of this impeachment trial was the emergency martial law and the illegality of the measures associated with it.

<br><br>In the trial, it was contested whether the current state of emergency was unconstitutional, in addition to whether the deployment of the military to the parliament was intended to prevent a parliamentary resolution to lift the state of emergency, and whether the president ordered the detention of key politicians.

<br><br>Regarding whether the emergency martial law is unconstitutional, while the National Assembly seeking impeachment pointed out that it is the worst act of constitutional destruction, President Yoon countered by saying it is an exercise of presidential authority.

<br><br>And it claimed to have declared martial law to inform the public, arguing that the national government was paralyzed by the opposition.

<br><br>Regarding the deployment of the military to the parliament, the then military commander who testified revealed that he received instructions over the phone from President Yoon to drag out the personnel, and testified that he understood personnel to mean the members of parliament.

In response, President Yoon denied giving instructions to drag out the members of the National Assembly.

Regarding the detention of politicians, the then-first deputy director of the National Intelligence Service, a government intelligence agency, testified that he received instructions from the president to capture everyone at this opportunity. He also stated that shortly thereafter, he was informed of the names of around 15 detainees by the then-military commander.

<br><br>On the other hand, President Yoon claimed that he had not given any instructions

According to a South Korean poll, support for impeachment consistently exceeds 50%. In a survey conducted by South Korean polling agency Gallup Korea, 75% of respondents said they supported the impeachment of President Yoon the week after martial law was declared in December last year, far surpassing the 21% who opposed it.

In mid-January, the number of people who answered in favor decreased to 57%, but for more than three months since the state of emergency, more than 50% of people consistently answered in favor. In last weeks survey, 60% were in favor of impeachment, and 34% were opposed.

<br><br>On the other hand, in the survey of party support rates, two weeks after the state of emergency, the largest opposition party, the Democratic Party, had 48%, while the ruling party, the People Power Party, had 24%, showing a significant gap.

However, in mid-January this year, the largest opposition party was at 36%, and the ruling party reversed to 39%.

In this regard, the Korean media reported that, in addition to the strengthening of the ruling partys unity, the background to the situation was the increase in public criticism towards the largest opposition party for passing an impeachment motion against the acting president, who was the prime minister.

<br><br>Then, in February, the largest opposition party once again took the lead in approval ratings, and in last weeks survey, the largest opposition party Democratic Party of Korea had 41% while the ruling party People Power Party had 33%.

Criminal trials for inciting rebellion are also ongoing alongside the impeachment trial of President Yoon Seok-yeol.

<br><br>In South Korea, the President has the privilege of not being criminally prosecuted in principle while in office, but treason is an exception.

<br><br>The exception applies, and President Yoon is the first sitting president to be indicted for insurrection.

In February and March this year, the pre-trial procedure was held at the Seoul District Court to organize issues, etc., for the criminal trial, and the presidents side denied the charges in the submitted statement.

The first hearing of the criminal trial is scheduled to be held on the 14th of this month.

In South Korean criminal law, it is stipulated that the ringleader of a rebellion is subject to the death penalty, life imprisonment, or indefinite imprisonment.