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Korean Constitutional Court approves impeachment of president

The Constitutional Court of the Republic of Korea unanimously supported the National Assembly’s impeachment of President Yoon Suk Yeol. The president of the country will be elected in two months. Prime Minister Han Duck-soo will be responsible until the new president is inaugurated.

Reasons for impeachmen
The political crisis in South Korea escalated on 3 December 2024, when President Yoon Suk Yeol announced to enforce martial law in the country, in addition to banning any political activity. The president explained it by the need to drive away, in his words, ‘anti-state pro-North Korean forces,’ i.e., the opposition, who previously initiated procedures to remove a number of high-ranking officials and accused them of corruption, including that of the participation of the president’s relatives in the scandals.

Despite the temporary suspension of the political process, the National Assembly managed to assemble a quorum and, in a vote, pass the repeal of martial law. The President upheld parliament’s decision and revoked the decree on the next day, 4 December. On 14 December, he was suspended as head of state pending review by the Constitutional Court.

During hearings, the court determined that there were no grounds for imposing martial law. The Republic of Korea Constitution says a state of emergency can be invoked only when war, armed conflict or other national threat exists. The perspective of the court emphasized that declared threats did not meet these criteria.

Effect on the political system
Experts take the court’s unanimous verdict as major in the midst of heightened political polarisation. The analysts note that with Yoon Suk Yeol having appointed some judges himself, apprehensions regarding an eventual split within the judicial bench were brought forward. However, the unanimity within the verdict rendered it legitimate and reduced the likelihood of destabilization.

Some researchers also point to public pressure on the court and the need to maintain institutional resilience in a crisis. While the parliament remains in the hands of the opposition, Yoon Suk Yeol’s return to power could lead to continued political confrontation and freeze of power, according to experts.

Outlook
Under current law, presidential elections must be held 60 days in advance. Opposition leader Lee Jae-myung, who has robust electoral support, currently has the best chance of being elected. According to early data, about 50% of the voters are willing to vote for him.

The elections will mark a milestone in the further evolution of the political system of the Republic of Korea. The possibility of stabilizing the political situation in the country largely depends on the degree to which the electoral process will be democratic and open.

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